How does an examiner determine if an application lacks unity of invention?
An examiner determines if an application lacks unity of invention by assessing whether the claims are directed to a single general inventive concept. The MPEP 1875.01 provides guidance on this process:
“The examiner must also specify, on Form PCT/IPEA/405, at least one group or groups of claims which, if elected, would comply with the requirement for unity of invention.” The section further explains:
- Claims to different categories of invention (e.g., product, process for manufacturing, and use) may be considered related and comply with unity of invention.
- Claims to an apparatus for making a product in the same application as the product would be considered a second invention requiring additional fees.
Examiners are directed to refer to 37 CFR 1.475 and the International Search and Preliminary Examination Guidelines for detailed criteria on unity of invention.
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