How is unity of invention determined in PCT applications?
Unity of invention in PCT applications is determined based on the presence of special technical features. According to MPEP 1850, the determination is made as follows:
- Identify the special technical features of each claimed invention
- Compare the special technical features of the inventions
- Determine whether there is a technical relationship between the inventions involving these special technical features
Unity of invention is considered to be present when the inventions share the same or corresponding special technical features. This determination is made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim.
As stated in PCT Rule 13.2: “Where a group of inventions is claimed in one and the same international application, the requirement of unity of invention referred to in Rule 13.1 shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features.”
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