What options does an examiner have when unity of invention is lacking?

When an examiner at the International Preliminary Examining Authority (IPEA) determines that unity of invention is lacking, they have two main options:

1. Invite the applicant to restrict the claims or pay additional examination fees.
2. Choose not to invite the applicant and proceed with the examination.

MPEP 1875 states: “There are cases of lack of unity of invention, where, compared with the procedure of inviting the applicant to restrict the international application or pay additional fees (PCT Rule 68.2), little or no additional effort is involved in establishing the written opinion, if any, and the international preliminary examination report for the entire international application. Then reasons of economy may make it advisable for the examiner to use the option referred to in PCT Rule 68.1 by choosing not to invite the applicant to restrict the claims or to pay additional fees.”

The examiner’s choice depends on the specific circumstances of the application and the effort required to examine all inventions.

To learn more:

• Unity of Invention
• International Preliminary Examining Authority
• PCT
• Patent Examination
• Examiner Options