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