How does unity of invention practice differ between national applications under 35 U.S.C. 111(a) and national stage applications under 35 U.S.C. 371?
The unity of invention practice differs as follows:
- For national applications under 35 U.S.C. 111(a): These are subject to U.S. restriction practice under 37 CFR 1.141-1.146.
- For national stage applications under 35 U.S.C. 371: These are subject to unity of invention practice under 37 CFR 1.475 and 1.499.
MPEP 1896 states: “U.S. national applications filed under 35 U.S.C. 111(a) are subject to restriction practice in accordance with 37 CFR 1.141-1.146. U.S. national stage applications are subject to unity of invention practice in accordance with 37 CFR 1.475 and 1.499.”
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