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