How does the ISA determine if unity of invention exists a priori?
How does the ISA determine if unity of invention exists a priori?
The International Searching Authority (ISA) determines unity of invention a priori by examining the claims before considering the prior art. According to MPEP 1850:
“Lack of unity of invention may be directly evident ‘a priori,’ that is, before considering the claims in relation to any prior art, or may only become apparent ‘a posteriori,’ that is, after taking the prior art into consideration.”
In an a priori assessment:
- The ISA examines the claims to identify a common technical feature.
- If a common technical feature is found, unity of invention is presumed to exist.
- This assessment is based solely on the claims, without reference to prior art.
For example, if multiple independent claims share a specific structural element or process step, this could indicate unity of invention a priori. However, the final determination may still depend on the a posteriori examination, which considers the prior art.
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