How does the ISA handle lack of unity of invention in PCT applications?

How does the ISA handle lack of unity of invention in PCT applications?

When the International Searching Authority (ISA) identifies a lack of unity of invention in a PCT application, it follows a specific procedure. 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 invite the applicant to pay additional fees.”

The process typically involves:

1. The ISA identifies the lack of unity and groups the inventions.
2. The first invention mentioned in the claims is searched without requiring an additional fee.
3. The applicant is invited to pay additional fees for searching the other inventions.
4. The applicant can choose to pay for some, all, or none of the additional searches.
5. The applicant may protest the lack of unity finding or the number of required additional fees.

If the applicant doesn’t pay additional fees, the international search report will be established only on the invention or group of inventions first mentioned in the claims. This can impact the subsequent national/regional phase examinations, as some offices may limit examination to the invention(s) searched in the international phase.

To learn more:

• lack of unity of invention
• ISA
• PCT application
• additional fees
• international search