How does an examiner determine lack of unity in a national stage application?

When determining lack of unity in a national stage application, an examiner must follow specific steps as outlined in MPEP 1893.03(d):

1. List the different groups of claims
2. Explain why each group lacks unity with each other group
3. Specifically describe the unique special technical feature in each group

The MPEP states: “When making a unity of invention requirement, the examiner must (1) list the different groups of claims and (2) explain why each group lacks unity with each other group (i.e., why there is no single general inventive concept) specifically describing the unique special technical feature in each group.”

Examiners use form paragraphs, such as 18.18, 18.19, and 18.20, to communicate lack of unity determinations to applicants. These paragraphs provide standardized language for restriction requirements and species elections in national stage applications.

To learn more:

• Unity of Invention
• Patent Examination
• National Stage Applications
• Lack of Unity