What options does an applicant have when receiving Form PCT/IPEA/405?
When an applicant receives Form PCT/IPEA/405, they have two main options:
- Restrict the claims to comply with the unity of invention requirement
- Pay additional examination fees to have all inventions examined
According to MPEP 1875.01: “The ‘Invitation to restrict or pay additional fees,’ Form PCT/IPEA/405, 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 applicant has a time limit of one month to respond, as stated in the MPEP: “In the box provided at the top of the form, the time limit of one month for response is set according to PCT Rule 68.2. Extensions of time are not permitted.“
If the applicant fails to respond or chooses not to pay additional fees, the examiner will examine the main invention, which is typically “the first claimed invention or related invention before the International Preliminary Examining Authority for which a search fee has been paid and an international search report has been prepared.“
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