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