37 CFR § 1.489 — Protest to lack of unity of invention before the (MPEP Index) – BlueIron IP
37 CFR § 1.489 Protest to lack of unity of invention before the
This page consolidates MPEP guidance interpreting 37 CFR § 1.489, including 11 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 provides detailed guidance on filing petitions and protests related to the lack of unity requirement in a patent application after an examiner's final restriction requirement, including key obligations, conditions, and best practices.
What this section covers
- Defines petitions and protests on the lack of unity requirement in a patent application following an examiner’s final restriction requirement.
Key obligations
- File a petition under 37 CFR 1.489 after an examiner's final requirement for restriction.
- Provide a clear and concise explanation as to why the protest concerning the unity of invention was found unjustified.
- Ensure all required elements are included and clearly stated in the protest petition.
Practice notes
- Ensure all required elements are included and clearly stated in the protest petition.
- Provide a thorough analysis of the lack of unity in the protest petition to avoid common pitfalls.
Official MPEP § 1.489 — Protest to lack of unity of invention before the
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.489 Protest to lack of unity of invention before the International Preliminary Examining Authority.
- (a) If the applicant disagrees with the holding of lack of unity of invention by the International Preliminary Examining Authority, additional fees may be paid under protest, accompanied by a request for refund and a statement setting forth reasons for disagreement or why the required additional fees are considered excessive, or both.
- (b) Protest under paragraph (a) of this section will be examined by the Director or the Director’s designee. In the event that the applicant’s protest is determined to be justified, the additional fees or a portion thereof will be refunded.
- (c) An applicant who desires that a copy of the protest and the decision thereon accompany the international preliminary examination report when forwarded to the Elected Offices, may notify the International Preliminary Examining Authority to that effect any time prior to the issuance of the international preliminary examination report. Thereafter, such notification should be directed to the International Bureau.
[Added 52 FR 20050, May 28, 1987, effective July 1, 1987; para. (b) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003]
- Pct
- Pct International Preliminary Examination
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| MPEP Section | Rules |
|---|---|
| MPEP § 1002.02(c) | |
| MPEP § 1875.02 |