What options does an applicant have when receiving Form PCT/IPEA/405?
When an applicant receives Form PCT/IPEA/405, they have two main options: Restrict the claims to comply with the unity of invention requirement Pay additional examination fees to have all inventions examined According to MPEP 1875.01: “The ‘Invitation to restrict or pay additional fees,’ Form PCT/IPEA/405, is used to invite the applicant, at his/her option, to…
Read MoreCan an applicant protest a finding of lack of unity of invention?
Yes, an applicant can protest a finding of lack of unity of invention in a PCT application. According to MPEP 1850, the protest procedure is as follows: The applicant may pay the additional fees under protest. The protest must be accompanied by a reasoned statement explaining why the applicant believes the unity of invention requirement…
Read MoreWhat happens if lack of unity of invention is found in a PCT application?
If the International Searching Authority finds that an international application lacks unity of invention, the following steps are taken according to MPEP 1850: The applicant is informed of the lack of unity of invention through a communication. The applicant is invited to pay additional search fees for the additional inventions. The invitation specifies the reasons…
Read MoreHow does the ISA handle lack of unity of invention in PCT applications?
How does the ISA handle lack of unity of invention in PCT applications? When the International Searching Authority (ISA) identifies a lack of unity of invention in a PCT application, it follows a specific procedure. According to MPEP 1850: “If the International Searching Authority finds that the international application does not comply with the requirement…
Read MoreWhat are the consequences of a lack of unity of invention in an international application?
What are the consequences of a lack of unity of invention in an international application? When the International Searching Authority (ISA) determines that an international application lacks unity of invention, it can have several consequences. According to MPEP 1850: “If the International Searching Authority finds that the international application does not comply with the requirement…
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