MPEP § 823 — Unity of Invention Under the Patent Cooperation Treaty
Ninth Edition, Revision 01.2024 · last revised R-07.2015
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). See MPEP Chapter 1800, in particular MPEP § 1850, § 1875, and § 1893.03(d), for a detailed discussion of unity of invention under the Patent Cooperation Treaty (PCT). However, the guidance set forth in this chapter with regard to other substantive and procedural matters (e.g., double patenting rejections (MPEP § 804), election and reply by applicant (MPEP § 818), and rejoinder of nonelected inventions (MPEP § 821.04) generally applies to national stage applications submitted under 35 U.S.C. 371.
Cited authority
- 35 U.S.C. 371 National stage: Commencement
- 35 U.S.C. 111 Application
- 1850 Unity of Invention Before the International Searching Authority
- 1875 Unity of Invention Before the International Preliminary Examining Authority
- 1893.03(d) Unity of Invention
- 804 Definition of Double Patenting
- 818 Election and Reply
- 821.04 Rejoinder