37 CFR § 1.475 — Unity of invention before the International (MPEP Coverage Index) – BlueIron IP

37 CFR § 1.475 Unity of invention before the International

Source: Patent Rule (37 CFR)BlueIron Update:

This page consolidates MPEP guidance interpreting 37 CFR § 1.475, including 142 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

The Unity of invention before the International Searching Authority requires that an application's claims be drawn only to one category of invention and clearly indicate unity, with any amendments or divisional applications also meeting this requirement.

What this section covers

  • Claims in international or national stage PCT applications must pertain exclusively to a single category of invention.
  • Applications should include a clear and specific indication of unity to satisfy the Unity of invention requirement.

Key obligations

  • Primary requirement: Claims must be drawn only to one category of invention.
  • Compliance obligation: Any amendment or divisional application must also meet the Unity of invention requirement.

Practice notes

  • Draft claims carefully to ensure they are clearly and distinctly related, avoiding inclusion of unrelated inventions.
  • Including claims to unrelated inventions can lead to rejection of the application, highlighting the importance of clear indication of unity.

Related Provisions

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