What is the difference between unity of invention analysis and independent and distinct analysis?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 4 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. The analysis used to determine whether the Office may require restriction differs depending on the type of application: For national stage applications submitted under 35 U.S.C. 371 , a unity of invention analysis is used. For national applications filed under 35 U.S.C. 111(a) , an independent and distinct analysis is used. As stated in MPEP 823 : “The analysis used to determine whether the Office may require restriction differs in national stage applications submitted under 35 U.S.C. 371 (unity of invention analysis) as compared to national applications filed under 35 U.S.C. 111(a) (independent and distinct analysis).” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Differences in Unity of Invention Analysis for National Stage Applications Under 35 U.S.C. 371 vs 111(a) MPEP 823 Permitted Lack of Unity in National Stage Applications MPEP 1850 Publication Required for National Stage Applications MPEP 1803 Withdrawal of National Stage Applications for Noncompliance MPEP 1002.02(p) Provisional Reference Required for National Stage MPEP 1481.03 Required Requirement for National Stage Entry Within 30 Months MPEP 1801 Required Time Limits for National Stage Entry After PCT MPEP 1801 Permitted Use of Priority Document in National Application MPEP 1828 Interpretation of PCT Rule 13.2 for National Stage Entry MPEP 1850 Identify Species for U.S. National Stage Applications MPEP 1850 Other Related FAQs 4 FAQs Collapse Do the guidelines for other substantive and procedural matters apply to national stage applications under 35 U.S.C. 371? How does the Patent Cooperation Treaty (PCT) affect the examination of national stage applications? What is the purpose of unity of invent...