What are the consequences of not requesting reconsideration of a restriction requirement?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. Not requesting reconsideration of a restriction requirement can have significant consequences for your patent application. According to MPEP 818.01(c) : A petition will not be considered if reconsideration of the requirement was not requested (see § 1.181). This means that if you don’t initially request reconsideration of the restriction requirement through a proper traverse, you lose the right to petition against it later. The consequences include: Inability to challenge the restriction requirement through a petition Acceptance of the restriction as final Limitation of examination to only the elected invention or species Potential need for filing divisional applications to pursue non-elected inventions Therefore, it’s crucial to file a proper traverse when responding to a restriction requirement, even if you’re not sure whether you’ll want to petition against it later. This preserves your options throughout the patent prosecution process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Petition Must Follow Restriction Requirement MPEP 818.01(c) Traverse Restriction Requirement with Specific Reasons MPEP 818 Required Petition for Review Must Be Filed Before Appeal MPEP 818.01(c) Required Requirement for Designating One Invention to Prosecute MPEP 818 Election of Invention for Examination Required MPEP 818 Required Petition to Review Requirement After Final Action MPEP 818.01(c) Permitted Petition Must Be Filed Before Notice of Appeal MPEP 818.01(c) Prohibited Requirement for Restricting Examination of Multiple Inventions MPEP 818 Permitted Applicant Must Elect Invention for Examination MPEP 818 Required Election Becomes Fixed After Merits Action MPEP 818 Other R...