What are the consequences of a lack of unity of invention in a PCT application?
When a lack of unity of invention is found in a PCT application, there can be several consequences, as outlined in MPEP 1893.03(d):
- Additional Fees: The applicant may be required to pay additional fees to have all inventions searched and examined.
- Limited Examination: If additional fees are not paid, the examination may be limited to the invention first mentioned in the claims.
- Restriction Requirement: In the national stage, the examiner may issue a restriction requirement.
- Election of Species: The applicant may be required to elect a single species for examination.
The MPEP states:
“Lack of unity of invention may be directly evident “a priori,” i.e., before considering the claims in relation to any prior art, or may only become apparent “a posteriori,” i.e., after taking the prior art into consideration.”
Applicants should be prepared to address unity of invention issues to ensure comprehensive examination of their inventions and to avoid potential limitations on patent protection.
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