How does the “main invention” concept apply in international patent applications?
The concept of “main invention” is crucial in cases where lack of unity of invention is found in an international patent application. According to MPEP 1875: “The main invention, in case of doubt, is the first claimed invention for which an international search report has been issued by the International Searching Authority. The main invention,…
Read MoreWhat happens if an applicant doesn’t respond to a lack of unity invitation?
If an applicant fails to respond to an invitation to restrict claims or pay additional fees due to lack of unity of invention, the International Preliminary Examining Authority (IPEA) will proceed as follows: According to MPEP 1875, “The written opinion, if any, and international preliminary examination report must be established on the claims directed to…
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