How does the USPTO determine if multiple inventions have unity?
How does the USPTO determine if multiple inventions have unity?
The USPTO determines if multiple inventions have unity by examining whether they share a special technical feature. The MPEP 1893.03(d) states:
“An international or a national stage application has unity of invention if the claimed inventions are so linked as to form a single general inventive concept.”
The process involves:
- Identifying the special technical feature in each invention
- Determining if this feature makes a contribution over the prior art
- Assessing if the same or corresponding special technical feature is present in all the inventions
If a common special technical feature exists across all claimed inventions and it contributes over the prior art, unity of invention is present. Otherwise, the examiner may issue a lack of unity objection.
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