Can an applicant petition against a restriction requirement after an election without traverse?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Generally, an applicant cannot petition against a restriction requirement after an election without traverse. The MPEP 821.02 indicates:

This form paragraph will show that applicant has not retained the right to petition from the requirement under 37 CFR 1.144.

This means that by making an election without traverse, the applicant effectively waives their right to challenge the restriction requirement through a petition. It’s important for applicants to understand that an election without traverse limits their options for contesting the restriction later in the examination process.