What is the purpose of requiring a provisional election when traversing a restriction?

The requirement for a provisional election, even when traversing a restriction, serves several purposes:

1. It allows examination to proceed on at least one set of claims while the restriction requirement is under review.
2. It helps streamline the examination process by ensuring that some substantive examination can occur regardless of the outcome of the traversal.
3. It provides clarity on which claims the applicant wishes to have examined first if the restriction is maintained.

As stated in MPEP 818.01(b): “As noted in the second sentence of 37 CFR 1.143, a provisional election must be made even if the requirement is traversed.” This ensures that the examination process can continue efficiently while any disputes about the restriction are resolved.

To learn more:

• provisional election
• restriction traversal
• patent examination
• USPTO procedure
• patent application