What is unity of invention in the context of international patent applications?

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. Unity of invention is a requirement in international patent applications that ensures all claims in an application are related to a single inventive concept. According to MPEP 1875 , “Unity of invention is defined by 37 CFR 1.475 which describes the circumstances in which the requirement of unity of invention is considered fulfilled.” This requirement is examined during the international preliminary examination process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner May Conduct International Preliminary Examination When Unity Lacks MPEP 1875 Required International Preliminary Exam Only After Previous Search MPEP 1875 Requirement for Unity of Invention MPEP 1875 Objection for Lack of Unity of Invention MPEP 1875 Permitted Main Invention Is First Mentioned Claim MPEP 1875 Required Requirement for Unity of Invention Before International Preliminary Examination MPEP 1875 Claim Restriction Required for Unity of Invention MPEP 1875 Required Procedure for Lack of Unity Before International Preliminary Examining Authority MPEP 1875 Recommended Examiner May Consider Unity of Invention During IPEA MPEP 1875 Permitted Inventions Not Previously Searched Cannot Be Examined MPEP 1875 Other Related FAQs 5 FAQs Collapse What happens if an applicant doesn&#8217;t respond to a lack of unity invitation? How does an examiner determine if an application lacks unity of invention? What options does an examiner have when unity of invention is lacking? What information must be included in Form PCT/IPEA/405? What is Form PCT/IPEA/405 and when is it used?