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
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.
Official MPEP § 1.475 — Unity of invention before the International
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.475 Unity of invention before the International Searching Authority, the International Preliminary Examining Authority and during the national stage.
- (a) An international and a national stage application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (“requirement of unity of invention”). Where a group of inventions is claimed in an application, the requirement of unity of invention shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression “special technical features” shall mean those technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art.
- (b) An international or a national stage application
containing claims to different categories of invention will be
considered to have unity of invention if the claims are drawn only
to one of the following combinations of categories:
- (1) A product and a process specially adapted for the manufacture of said product; or
- (2) A product and a process of use of said product; or
- (3) A product, a process specially adapted for the manufacture of the said product, and a use of the said product; or
- (4) A process and an apparatus or means specifically designed for carrying out the said process; or
- (5) A product, a process specially adapted for the manufacture of the said product, and an apparatus or means specifically designed for carrying out the said process.
- (c) If an application contains claims to more or less than one of the combinations of categories of invention set forth in paragraph (b) of this section, unity of invention might not be present.
- (d) If multiple products, processes of manufacture or uses are claimed, the first invention of the category first mentioned in the claims of the application and the first recited invention of each of the other categories related thereto will be considered as the main invention in the claims, see PCT Article 17(3)(a) and § 1.476(c) .
- (e) The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim.
[Added 52 FR 20047, May 28, 1987, effective July 1, 1987; paras. (a) – (e) amended and para. (f) deleted, 58 FR 4335, Jan. 14, 1993, effective May 1, 1993]
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- Pct Amendments Article 19
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- Pct Description Claims
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- Pct Fees
- Pct Filing
- Pct International Preliminary Examination
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- Pct International Search
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- Pct National Stage Entry
- Pct National Stage Examination
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| MPEP Section | Rules |
|---|---|
| MPEP § 1850 | |
| MPEP § 1875 | |
| MPEP § 1875.01 | |
| MPEP § 1893.03(d) |