How does the International Preliminary Examining Authority handle lack of unity of invention?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance 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. When the International Preliminary Examining Authority (IPEA) finds a lack of unity of invention, they typically follow these steps: Prepare and send an invitation to the applicant using Form PCT/IPEA/405 Request payment of additional fees or restriction of claims Identify the “main invention” to be examined if no additional fees are paid or restrictions made As stated in MPEP 1875 , “The procedure before the International Preliminary Examining Authority regarding lack of unity of invention is governed by PCT Article 34(3)(a) through (c), PCT Rule 68 (see also PCT Rule 70.13), and 37 CFR 1.475 and 1.488.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Main Invention Must Be Set on Form PCT/IPEA/405 MPEP 1875 Required Procedure for Lack of Unity Before International Preliminary Examining Authority MPEP 1875 Recommended International Preliminary Exam Only After Previous Search MPEP 1875 Main Invention Is First Mentioned Claim MPEP 1875 Required Claims Must Reflect Main Invention MPEP 1875 Required Claim Restriction Required for Unity of Invention MPEP 1875 Required Examiner May Consider Unity of Invention During IPEA MPEP 1875 Permitted Objection for Lack of Unity of Invention MPEP 1875 Permitted Examiner May Conduct International Preliminary Examination When Unity Lacks MPEP 1875 Required Requirement for Unity of Invention Before International Preliminary Examination MPEP 1875 Other Related FAQs 5 FAQs Collapse What happens if an applicant doesn&#8217;t respond to a lack of unity invitation? How does an examiner determine if an application lacks unity of invention? What options does an examiner have when unity of invention is lacking? What information must be in...