What are the acceptable combinations of claims that maintain unity of invention?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

According to MPEP 1850, certain combinations of claims are considered to have unity of invention. As stated in 37 CFR 1.475(b), these combinations are:

  1. A product and a process specially adapted for the manufacture of said product
  2. A product and a process of use of said product
  3. A product, a process specially adapted for the manufacture of the said product, and a use of the said product
  4. A process and an apparatus or means specifically designed for carrying out the said process
  5. A product, a process specially adapted for the manufacture of the said product, and an apparatus or means specifically designed for carrying out the said process

These combinations are considered to have a technical relationship involving the same or corresponding special technical features, thus fulfilling the requirement of unity of invention.

It’s important to note that if an application contains claims to more or less than one of these combinations, unity of invention might not be present.

Tags: claim combinations, Pct Application, technical relationship, unity of invention