What is Form PCT/IPEA/405 and when is it used?

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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. Form PCT/IPEA/405, also known as the “Invitation to restrict or pay additional fees,” is used in the international patent examination process. It is issued when an examiner determines that an international application lacks unity of invention. According to MPEP 1875.01 , this form is used to “ invite the applicant, at his/her option, to restrict the claims to comply with the requirements of unity of invention or to pay additional examination fees. ” The examiner must explain why the application doesn’t comply with unity of invention and specify at least one group of claims that would comply if elected. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Must Explain Lack of Unity MPEP 1875.01 Required Examiner Must Specify Main Invention and Claims to Examine If Fees Not Paid MPEP 1875.01 Recommended Examiner Must Indicate Total Additional Examination Fees MPEP 1875.01 Required Requirement for Inviting Applicant to Restrict Claims or Pay Fees MPEP 1875.01 Examiner Must Specify Claim Groups Compliant with Unity MPEP 1875.01 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 Claim Restriction Required for Unity of Invention MPEP 1875 Required Objection for Lack of Unity of Invention MPEP 1875 Permitted Examiner May Consider Unity of Invention During IPEA MPEP 1875 Permitted Other Related FAQs 5 FAQs Collapse How does an examiner determine if an application lacks unity of invention? What information must be included in Form PCT/IPEA/405? What options does an applicant have when receiving Form PCT/IPEA/405? Can the unity of invention requirement be...