How is unity of invention assessed for nucleotide sequences in international patent applications?
For international patent applications filed under the Patent Cooperation Treaty (PCT) and national stage applications filed under 35 U.S.C. 371, the assessment of unity of invention for nucleotide sequences follows specific guidelines. MPEP 2434 directs examiners to:
“See MPEP § 1850 for treatment of claims containing nucleotide sequences that lack unity of invention in international applications filed under the Patent Cooperation Treaty (PCT) and national stage applications filed under 35 U.S.C. 371.”
This means that examiners must refer to MPEP § 1850 for specific guidance on how to evaluate unity of invention for nucleotide sequences in these types of applications. The unity of invention standard is applied to determine whether multiple inventions are present and if they are sufficiently related to be examined together.
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