What happens if an applicant doesn’t respond to a lack of unity invitation?

Question

Accepted Answer

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. If an applicant fails to respond to an invitation to restrict claims or pay additional fees due to lack of unity of invention, the International Preliminary Examining Authority (IPEA) will proceed as follows: According to MPEP 1875 , “The written opinion, if any, and international preliminary examination report must be established on the claims directed to what appears to be the main invention (PCT Article 34(3)(c)). The main invention, in case of doubt, is the first claimed invention for which an international search report has been issued by the International Searching Authority.” This means the IPEA will focus its examination on what it considers to be the main invention, potentially leaving other inventions unexamined in the international phase. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Main Invention Determined by First Search Report MPEP 1875 Requirement for Written Opinion and International Preliminary Examination Report MPEP 1875 Required International Preliminary Exam Only After Previous Search MPEP 1875 Procedure for Lack of Unity Before International Preliminary Examining Authority MPEP 1875 Recommended Claims Must Reflect Main Invention MPEP 1875 Required Examiner May Conduct International Preliminary Examination When Unity Lacks MPEP 1875 Required Main Invention Is First Mentioned Claim MPEP 1875 Required Claim Restriction Required for Unity of Invention MPEP 1875 Required Main Invention Must Be Set on Form PCT/IPEA/405 MPEP 1875 Required Requirement for Unity of Invention Before International Preliminary Examination MPEP 1875 Other Related FAQs 5 FAQs Collapse How does an examiner determine if an application lacks unity of invention? What opt...