How is unity of invention assessed for intermediate and final products?

Unity of invention for intermediate and final products in PCT applications is assessed based on specific criteria outlined in MPEP 1850. Unity of invention is considered to be present when:

1. The intermediate and final products have the same essential structural element, where:
   • The basic chemical structures of the intermediate and the final products are the same, or
   • The chemical structures of the two products are technically closely interrelated, the intermediate incorporating an essential structural element into the final product, AND
2. The intermediate and final products are technically interrelated, meaning that the final product is manufactured directly from the intermediate or is separated from it by a small number of intermediates all containing the same essential structural element.

Unity may also be present between intermediate and final products of which the structures are not known, provided there is sufficient evidence to conclude that the intermediate and final products are technically closely interrelated.

It’s important to note that the intermediate and final products shall not be separated, in the process leading from one to the other, by an intermediate which is not new.

To learn more:

• unity of invention
• intermediate products
• final products
• chemical structures