37 CFR § 1.477 — Protest to lack of unity of invention before the (MPEP Index) – BlueIron IP
37 CFR § 1.477 Protest to lack of unity of invention before the
This page consolidates MPEP guidance interpreting 37 CFR § 1.477, including 19 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
37 CFR 1.477 provides a procedural mechanism for patent applicants to challenge an examiner's determination of multiple independent inventions within a single patent application, particularly in international (PCT) patent filings.
What this section covers
- Procedural framework for challenging unity of invention requirements in patent applications.
- Scope of protests related to international patent applications and restriction requirements.
Key obligations
- Provide clear and substantive grounds for challenging the examiner's unity of invention determination.
- Follow specific procedural requirements when filing a protest against lack of unity.
Conditions and exceptions
- Understand the specific circumstances and conditions under which a unity of invention protest can be filed.
Practice notes
- Carefully document and substantiate the technical relationship between claimed inventions.
- Be aware of potential fee implications and refund processes when filing protests in international patent applications.
Official MPEP § 1.477 — Protest to lack of unity of invention before the
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.477 Protest to lack of unity of invention before the International Searching Authority.
- (a) If the applicant disagrees with the holding of lack of unity of invention by the International Searching 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 ( PCT Rule 40.2(c) ).
- (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 search report when forwarded to the Designated Offices, may notify the International Searching Authority to that effect any time prior to the issuance of the international search report. Thereafter, such notification should be directed to the International Bureau ( PCT Rule 40.2(c) ).
[43 FR 20458, May 11, 1978; redesignated and amended at 52 FR 20047, May 28, 1987; para. (b) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003]
- Pct
- Pct Amendments Article 19
- Pct Fees
- Pct International Preliminary Examination
- Pct International Search
- Pct Request
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- Protest Filing
| MPEP Section | Rules |
|---|---|
| MPEP § 1002.02(c) | |
| MPEP § 1827.01 | |
| MPEP § 1850 |