37 CFR § 1.499 — Unity of invention during the national (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.499 Unity of invention during the national
This page consolidates MPEP guidance interpreting 37 CFR § 1.499, 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
Unity of invention during the national stage ensures patent applications contain claims that are sufficiently related and share a common inventive concept during international patent prosecution.
What this section covers
- Procedural requirements for evaluating unity of invention in national stage patent applications under PCT guidelines.
- Examiner's process for assessing the interconnectedness and technical relationship of patent claims during national stage review.
Key obligations
- Demonstrate that patent claims share a substantive common inventive concept or technical relationship.
- Ensure patent claims meet patent eligibility requirements during national stage examination.
Conditions and exceptions
- Understand how different statutory categories might impact the assessment of unity of invention.
Practice notes
- Anticipate potential unity of invention challenges during national stage patent prosecution.
- Prepare comprehensive documentation demonstrating the technical relationship between patent claims.
Official MPEP § 1.499 — Unity of invention during the national
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.499 Unity of invention during the national stage.
If the examiner finds that a national stage application lacks unity of invention under § 1.475 , the examiner may in an Office action require the applicant in the response to that action to elect the invention to which the claims shall be restricted. Such requirement may be made before any action on the merits but may be made at any time before the final action at the discretion of the examiner. Review of any such requirement is provided under §§ 1.143 and 1.144 .
[Added 52 FR 20052, May 28, 1987, effective July 1, 1987; amended, 58 FR 4335, Jan. 14, 1993, effective May 1, 1993]
- Examination Procedure
- Examiner Action
- Action Types
-
- Pct Amendments Article 19
- Pct Description Claims
- Pct International Preliminary Examination
- Pct International Search
- Pct National Stage Examination
- Pct Request
- Pct Unity Invention
-
- Statutory Categories
| MPEP Section | Rules |
|---|---|
| MPEP § 1002.02(c) | |
| MPEP § 1893.03(d) |