MPEP § 823 — Unity of Invention Under the Patent Cooperation Treaty (Annotated Rules)
§823 Unity of Invention Under the Patent Cooperation Treaty
This page consolidates and annotates all enforceable requirements under MPEP § 823, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Unity of Invention Under the Patent Cooperation Treaty
This section addresses Unity of Invention Under the Patent Cooperation Treaty. Primary authority: 35 U.S.C. 371, 35 U.S.C. 111(a), and 35 U.S.C. 1875. Contains: 1 permission.
Key Rules
Amendments in National Stage
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). See MPEP Chapter 1800, in particular MPEP § 1850, § 1875, and § 1893.03(d), for a detailed discussion of unity of invention under the Patent Cooperation Treaty (PCT). However, the guidance set forth in this chapter with regard to other substantive and procedural matters (e.g., double patenting rejections (MPEP § 804), election and reply by applicant (MPEP § 818), and rejoinder of nonelected inventions (MPEP § 821.04) generally applies to national stage applications submitted under 35 U.S.C. 371.
Citations
| Primary topic | Citation |
|---|---|
| Amendments in National Stage | 35 U.S.C. § 111(a) |
| Amendments in National Stage | 35 U.S.C. § 1875 |
| Amendments in National Stage | 35 U.S.C. § 371 |
| Amendments in National Stage | 37 CFR § 1893.03(d) |
| Amendments in National Stage | MPEP § 1850 |
| Amendments in National Stage | MPEP § 804 |
| Amendments in National Stage | MPEP § 818 |
| Amendments in National Stage | MPEP § 821.04 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 823 — Unity of Invention Under the Patent Cooperation Treaty
Source: USPTO823 Unity of Invention Under the Patent Cooperation Treaty [R-07.2015]
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). See MPEP Chapter 1800, in particular MPEP § 1850, § 1875, and § 1893.03(d), for a detailed discussion of unity of invention under the Patent Cooperation Treaty (PCT). However, the guidance set forth in this chapter with regard to other substantive and procedural matters (e.g., double patenting rejections (MPEP § 804), election and reply by applicant (MPEP § 818), and rejoinder of nonelected inventions (MPEP § 821.04) generally applies to national stage applications submitted under 35 U.S.C. 371.