What is the difference between unity of invention analysis and independent and distinct analysis?
The analysis used to determine whether the Office may require restriction differs depending on the type of application:
- For national stage applications submitted under 35 U.S.C. 371, a unity of invention analysis is used.
- For national applications filed under 35 U.S.C. 111(a), an independent and distinct analysis is used.
As stated in MPEP 823: “The analysis used to determine whether the Office may require restriction differs in national stage applications submitted under 35 U.S.C. 371 (unity of invention analysis) as compared to national applications filed under 35 U.S.C. 111(a) (independent and distinct analysis).”
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