The Meaning of Traverse in a Patent

Learning "patentese" helps with obscure words like "traverse."

Traversing an office action from the United States Patent and Trademark Office (PTO) can be exciting because it allows the inventor to contest the views of the patent office. By framing his argument convincingly, the inventor stands a reasonable chance of persuading the patent examiner.

Common law definition

Black's Law Dictionary (5th edition) says that "in common law pleading, a traverse signifies a denial." A traverser is "one who traverses or denies."

Patent Definition

In the context of intellectual property, a traverse signifies a disagreement with the PTO. For example, an inventor can traverse the rejection of a claim or a restriction requirement.

Other Patent Applications

Sometimes the inventor must traverse to protect his rights. For example, section 818.03(c) of the Manual of Patent Examining Procedure (MPEP) indicates the inventor must traverse a restriction requirement to preserve his right of petition.

Consequences

If the inventor traverses a rejection in a timely manner, the patent examiner must respond to the traversal. Section 821.01 of the MPEP states that "where the initial requirement is traversed, it should be reconsidered. If, upon reconsideration, the examiner is still of the opinion that restriction is proper, it should be repeated and made final in the next Office action. In doing so, the examiner should reply to the reasons or arguments advanced by applicant in the traverse."

Cautions

Traversing an action from the patent office can be very complicated. Since making a mistake can jeopardize the inventor's rights, it is wise to consult an attorney.

References

• USPTO: MPEP 821.01 After Election With Traverse
• USPTO: MPEP 818.03