What happens if a traversal of a restriction requirement is incomplete?

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. If an applicant submits an incomplete traversal of a restriction requirement, it can have significant consequences. According to MPEP 818.01(a) : “[T]he required provisional election (see MPEP § 818.01(b)) becomes an election without traverse if accompanied by an incomplete traversal of the requirement for restriction.” This means that if the applicant fails to provide specific reasons for disagreeing with the restriction requirement, their provisional election will be treated as an election without traverse. This can limit the applicant’s ability to pursue non-elected inventions in the future without filing divisional applications. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Incomplete Traversal Results in Election Without Traverse MPEP 818.01(a) Required Complete Traversal Required for Restriction Election MPEP 818.01(a) Required Traverse Restriction Requirement with Specific Reasons MPEP 818 Required Requirement for Designating One Invention to Prosecute MPEP 818 Requirement for Restricting Examination of Multiple Inventions MPEP 818 Permitted Election of Invention for Examination Required MPEP 818 Required Applicant Must Elect Invention for Examination MPEP 818 Required Traverse Requirement Must Be Specific MPEP 818.01(a) Required Election Becomes Fixed After Merits Action MPEP 818 Election Becomes Fixed After Merits Examined MPEP 818 Permitted Other Related FAQs 5 FAQs Collapse Can a broad allegation of error satisfy the requirement for a complete reply to a restriction requirement? What constitutes a complete reply to a restriction requirement? What happens if an applicant fails to respond to a restriction requirement? What is the difference between an...