What is the purpose of unity of invention analysis in patent applications?
The unity of invention analysis is used to determine whether the U.S. Patent and Trademark Office (USPTO) may require restriction in national stage applications submitted under 35 U.S.C. 371. This analysis is specific to applications filed under the Patent Cooperation Treaty (PCT).
The purpose of unity of invention analysis is to ensure that a single international application or national stage application contains only a single inventive concept. This helps to:
- Streamline the examination process
- Ensure fair payment of fees for multiple inventions
- Maintain the integrity of the patent system by preventing overly broad patent protection
As mentioned in MPEP 823, the unity of invention analysis is distinct from the independent and distinct analysis used for national applications filed under 35 U.S.C. 111(a).
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