What are the consequences of a lack of unity of invention in an international application?
What are the consequences of a lack of unity of invention in an international application?
When the International Searching Authority (ISA) determines that an international application lacks unity of invention, it can have several consequences. According to MPEP 1850:
“If the International Searching Authority finds that the international application does not comply with the requirement of unity of invention, it shall inform the applicant accordingly and invite the applicant to pay additional fees.”
The main consequences include:
- The applicant may be required to pay additional search fees for each additional invention
- If additional fees are not paid, the ISA will only search the first claimed invention
- The applicant can pay fees under protest and request a review of the unity of invention determination
- Lack of unity may affect the international preliminary examination and national/regional phase processing
It’s important to note that the lack of unity does not necessarily mean the application is invalid, but it may require the applicant to divide the application or limit the claims to maintain unity of invention.
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