What is Form PCT/IPEA/405 and when is it used?

Form PCT/IPEA/405, also known as the “Invitation to restrict or pay additional fees,” is used in the international patent examination process. It is issued when an examiner determines that an international application lacks unity of invention.

According to MPEP 1875.01, this form is used to “invite the applicant, at his/her option, to restrict the claims to comply with the requirements of unity of invention or to pay additional examination fees.” The examiner must explain why the application doesn’t comply with unity of invention and specify at least one group of claims that would comply if elected.

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Tags: International Patent Examination, Patent Cooperation Treaty, pct/ipea/405, unity of invention