What are the permissible combinations of invention categories under unity of invention?

The unity of invention requirement allows certain combinations of invention categories in a single national stage application. According to MPEP 1893.03(d) and 37 CFR 1.475(b), the following combinations are considered to have unity of invention:

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

The MPEP notes: “Otherwise, unity of invention might not be present.” This means that combinations outside these categories may be subject to a lack of unity determination.

To learn more:

• Unity of Invention
• Patent Categories
• National Stage Applications
• PCT