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Topic: Traverse or not to traverse (Read 3772 times) |
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AnnaB
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Quick question.
If I do not traverse a restriction requirement, have I lost the right to rejoin non-elected claims later?
Also, with the upheaval of the new rules, should I be traversing anyway? Any hidden ramifications there?
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Isaac
Senior Member
Posts: 3472
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Re: Traverse or not to traverse
« Reply #1 on: Dec 5th, 2007, 12:23pm » |
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on Dec 5th, 2007, 11:14am, AnnaB wrote:Quick question.
If I do not traverse a restriction requirement, have I lost the right to rejoin non-elected claims later? |
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No.
Quote:| Also, with the upheaval of the new rules, should I be traversing anyway? Any hidden ramifications there? |
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I don't think there's a general answer to this question.
Under the current rules, traversing might conceivably save you money. OTOH if you have to make remarks that disparage any distinctions between the groups of claims in order to traverse, those arguments may be used as admissions against you in prosecution or when enforcing the claims even if your traversal is unsuccessful.
Many clients don't want to traverse using arguments that affect claim scope. I wouldn't expect those clients to change their policy in view of the new rules.
Under the new rules, accepting a restriction may provide the opportunity to pursue some of the claims in divisional applications rather than in continuations, but it's pretty difficult to know whether the PTO will be able to implement those the portions of the rules that artificially distinguish between continuations and divisionals.
Your claims may present particular problems that we cannot discuss here, but I suspect that for most, the uncertainty of what will be in the new rules makes them not worth worrying about for now.
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Isaac
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biopico
Full Member
Posts: 434
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Re: Traverse or not to traverse
« Reply #2 on: Dec 5th, 2007, 9:21pm » |
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on Dec 5th, 2007, 11:14am, AnnaB wrote:Quick question.
If I do not traverse a restriction requirement, have I lost the right to rejoin non-elected claims later?
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No, but you must traverse to preserve right of petition to the Director to review the requirement.
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Registered Patent Agent Specializing in All Areas of Biotechnology
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pentazole
Full Member
Posts: 197
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Re: Traverse or not to traverse
« Reply #3 on: Dec 6th, 2007, 10:06am » |
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Unless traversing a restriction will affect you negatively, you should always traverse it, but not necessarily argue it. You can just say that you traverse it and provisionally elect something. The examiner will make it final nonetheless especially since you didn't argue it, but at least for the record you traversed it.
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TataBoxInhibitor
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Posts: 456
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Re: Traverse or not to traverse
« Reply #4 on: Dec 12th, 2007, 2:28pm » |
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I have not had this for sometime, but you can always traverse, and elect, then withdraw the remainder, DONT CANCEL, which gives you the option to rejoin later.
Regards,
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