How does the ISA determine if unity of invention exists a priori?

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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. The International Searching Authority (ISA) determines unity of invention a priori by examining the claims before considering the prior art. According to MPEP 1850 : “Lack of unity of invention may be directly evident ‘a priori,’ that is, before considering the claims in relation to any prior art, or may only become apparent ‘a posteriori,’ that is, after taking the prior art into consideration.” In an a priori assessment: The ISA examines the claims to identify a common technical feature. If a common technical feature is found, unity of invention is presumed to exist. This assessment is based solely on the claims, without reference to prior art. For example, if multiple independent claims share a specific structural element or process step, this could indicate unity of invention a priori. However, the final determination may still depend on the a posteriori examination, which considers the prior art. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Independent Claims to A + X, A + Y, X + Y Lack Unity a Priori MPEP 1850 Permitted Unity of Invention Considered for Independent Claims Only MPEP 1850 Initial Unity of Invention Determination May Be Reconsidered Based on Search Results MPEP 1850 Permitted A Priori vs A Posteriori Lack of Unity MPEP 1850 Permitted Lack of Unity When Independent Claims Share Common Matter MPEP 1850 International Searching Authority Cannot Object to Lack of Unity Based on Classification MPEP 1850 Recommended Permitted Dependent Claims in Same Application MPEP 1850 Required Lack of Unity if Common Feature is Known MPEP 1850 Permitted Objection of Lack of Unity After Prior Art Assessment MPEP 1850 Permitted Special Technical Features Determ...