This page consolidates MPEP guidance interpreting 37 CFR § 1.143, including 40 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Summary

This section outlines the procedures for reconsidering an examiner's requirement that a national stage application lacks unity of invention, requiring applicants to elect one independent and distinct design.

What this section covers

• Defines the process for reconsidering an examiner’s requirement that a national stage application lacks unity of invention, necessitating an applicant's response with an election of one independent and distinct design.
• Focuses on the procedures for responding to an examiner's requirement, including making a provisional election and ensuring it is made with clarity and without prejudice.

Key obligations

• Respond to the examiner's requirement by electing one independent and distinct design in a nonprovisional international design application.
• Ensure the election is made with clarity and without prejudice, as failure to do so may result in an automatic election without traverse.
• Adhere to specific time limits for response as set by the examiner, ensuring timely compliance with the requirement.

Practice notes

• Draft the elected invention clearly and distinctly to avoid prejudice in future proceedings.
• Avoid making an election that may prejudice the applicant's position, as it could limit future options.

Related Provisions

• 37 CFR § 1.111
• 37 CFR § 1.1064
• 37 CFR § 1.136
• PCT Article 13
• 37 CFR § 1.142

Based on MPEP Last Modified: 10/30/2024 08:50:22