What happens if lack of unity of invention is found in a PCT application?

If the International Searching Authority finds that an international application lacks unity of invention, the following steps are taken according to MPEP 1850:

1. The applicant is informed of the lack of unity of invention through a communication.
2. The applicant is invited to pay additional search fees for the additional inventions.
3. The invitation specifies the reasons for the lack of unity finding and indicates the number of additional fees to be paid.
4. The applicant has one month from the date of the invitation to pay the additional fees.

If the applicant does not pay the additional fees, the international search will be performed only on the invention first mentioned in the claims. The lack of an international search report for the other inventions does not, in itself, affect the validity of the application.

As stated in PCT Article 17(3)(a): “If the International Searching Authority considers that the international application does not comply with the requirement of unity of invention as set forth in the Regulations, it shall invite the applicant to pay additional fees.”

To learn more:

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