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Topic: Unity of invention

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	1850 Unity of Invention Before the International Searching Authority [R-5] - 1800 Patent Cooperation Treaty
		Where a group of inventions is claimed in one and the same international application, the requirement of unity of invention referred to in Rule 13.1 shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features.
		The categories of invention in former PCT Rule 13.2 have been replaced with a statement describing the method for determining whether the requirement of unity of invention is satisfied.
		Unity of invention has to be considered in the first place only in relation to the independent claims in an international application and not the dependent claims.
	www.uspto.gov /web/offices/pac/mpep/documents/1800_1850.htm (6240 words)

	Patent
		In order to exclude someone from using your invention in a court you will have to demonstrate to the court that what the other person is using is identical to the claimed invention.
		Unity of invention, since each patent application can only be for one invention.
		An invention is not novel if there is a previously existing or divulged device or process that includes all of the essential features of the claimed invention.
	www.ebroadcast.com.au /lookup/encyclopedia/pa/Patents.html (2310 words)

	unity - Information from Reference.com
		Unity, religious movement incorporated as the Unity School of Christianity, with headquarters at Lee's Summit, Mo. Although the movement used the name Unity after 1891, it was founded earlier by Charles and Myrtle Fillmore as a spiritual healing movement, with affinity to Christian Science and close ties with New Thought.
		Unity, one of the three mottos found on the national emblem of Pakistan.
		Unity, one of the core beliefs of the Baha'i Faith.
	www.reference.com /browse/unity (534 words)

	Comments - Unity of Invention Standard - OG Date: 17 June 2003
		The Unity of Invention standard is a component of many foreign patent laws and is also used in international search and preliminary examination proceedings conducted pursuant to the PCT.
		Unity of Invention is practiced, with slight variations, in PCT applications and in applications examined by the European Patent Office (EPO) and the Japan Patent Office (JPO).
		Issue 4: A determination of lack of Unity of Invention is predicated on assessing whether a common feature (referred to as a "special technical feature" in the context of PCT Rule 13) defines a contribution over the prior art.
	www.uspto.gov /web/offices/com/sol/og/2003/week24/patcomm.htm (2275 words)

	Learn more about Patent in the online encyclopedia. (Site not responding. Last check: 2007-10-08)
		Unity of invention, since each patent application can only be for one invention (called "restriction" practice in the United States).
		Novelty relates to whether something existed before its "invention" by the applicant or was divulged to the public before the patent application's filing date.
		An invention is not novel if there is a previously existing or divulged device or process that includes all of the elements of the claimed invention.
	www.onlineencyclopedia.org /p/pa/patent.html (2528 words)

	Unity of Invention in Europe
		Although unity of invention is not affected by the way of claiming, the EPO has developed guidelines as to the allowability of different independent claims in a single application.
		Unity between process and apparatus or means requires that the apparatus or means have been specifically designed for carrying the process, or at least a step of the process (T 861/92), but without excluding any other possible use (W 32/88 and W 16/89).
		This means that the assessment of unity of invention is made not with respect of the general inventive concept subjectively claimed by the Applicant, but with respect to the remaining inventive features after comparison with the prior art uncovered during the search.
	www.ficpi.org /library/montecarlo99/inventunity.html (2120 words)

	Unity Summary
		Unity School, which was originally founded by the Fillmores, publishes religious books and periodicals, serves as a retreat and education center, and operates the movement's prayer and healing ministry (Silent Unity, the successor of the Society for Silent Help).
		Unity has published a biography of Myrtle Fillmore and two nonscholarly histories, all of which are generally reliable in terms of facts and data.
		Unity is one of three the substanstial mottos for the Muslim nation or the first Islamic Republic enshrined on the official State symbols and officially on the National Emblem of Pakistan.
	www.bookrags.com /Unity (2070 words)

	Unity of invention - Wikipedia, the free encyclopedia
		In most patent laws, unity of invention is a formal administrative requirement that must be met by a patent application in order to proceed to grant.
		An a posteriori lack of unity usually results from a lack of novelty or inventive step of the subject-matter of one independent claim.
		When a patent application is objected to on the ground of a lack of unity, patent protection is not ruled out, as it would be the case if the invention was found to be lacking novelty.
	en.wikipedia.org /wiki/Unity_of_invention (254 words)

	M.P.E.P. Section 1850, Unity of Invention Before the International Searching (BitLaw)
		Commissioner of Patents and Trademarks, 231 USPQ 590 (E.D. Va. 1986) held that the Patent and Trademark Office interpretation of 37 CFR 1.141(b)(2) as applied to unity of invention determinations in international applications was not in accordance with the Patent Cooperation Treaty and its implementing regulations.
		PCT Rule 13.3 requires that the determination of the existence of unity of invention be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim.
		PCT Rule 13.3 is not intended to constitute an encouragement to the use of alternatives within a single claim, but is intended to clarify that the criterion for the determination of unity of invention (namely, the method contained in Rule 13.2) remains the same regardless of the form of claim used.
	www.bitlaw.com /source/mpep/1850.html (3523 words)

	M.P.E.P. Section 1875, Unity of Invention Before the International (BitLaw)
		Unity of invention must be addressed within 7 days from the date the PCT application is charged to the examining group from PCT International Application Processing Division.
		However, there are cases of lack of unity of invention, where, compared with the procedure of inviting the applicant to restrict the international application or pay additional fees (PCT Rule 68.2), little or no additional effort is involved in establishing the Written Opinion and the International Preliminary Examination Report for the entire international application.
		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.
	www.bitlaw.com /source/mpep/1875.html (1125 words)

	Yale OCR - Foreign Patent Applications (Site not responding. Last check: 2007-10-08)
		Under the "unity of invention" standard, as long as the claims contain the same "special technical feature" which links the claims so that they form a "single general inventive concept," they will be examined in a single application.
		An example of this is the situation where there is an application claiming a DNA sequence, a protein encoded by that sequence, an antibody produced in response to the protein, and a method of treatment or diagnosis using the antibody.
		Under the unity of invention standard used in most foreign countries, it is possible that the claims would be examined in a single application.
	www.yale.edu /ocr/invent_guidelines/foreignpatents.html (1767 words)

	Patent (Site not responding. Last check: 2007-10-08)
		In to exclude someone from using your invention a court you will have to demonstrate to court that what the other person is is identical to the claimed invention.
		Unity of invention since each patent can only be for one invention (called practice in the United States).
		While a patent grants an exclusive right the invention claimed many national laws provide special rules on granting compulsory licence to third parties when the invention is not into to practice within a specified amount time or is put into practice in manner that is deemed to be insufficient the needs of the Country.
	www.freeglossary.com /Patent (3072 words)

	Invention Highway
		The breaking unity technique directs the problem solver to identify situations of symmetry or unity and to change them into situations of asymmetry where the unity is broken.
		Invention Highway is thus a unique computer game that stands apart from the countless other computer games that focus on merely trying to deceive, fool, trick, or frustrate players.
		Instead, in Invention Highway, the ASIT principles have been seamlessly integrated into these many fun challenging scenarios that are founded on a higher principle of aiding in stimulating the creativity of players, versus merely passing time in an entertaining manner.
	www.gtpcc.org /gtpcc/invention.htm (2374 words)

	Patent Terms: Unavailable Inventor to Utility Patent Application Transmittal Form
		Unity Of Invention: An international and a national stage application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept ("requirement of unity of invention").
		Useful Invention: A patent application must comply with the "useful invention" ("utility") requirement of 35 USC 101 and 35 USC 112, first paragraph.
		Utility: An invention has a well-established utility if (i) a person of ordinary skill in the art would immediately appreciate why the invention is useful based on the characteristics of the invention (e.g., properties or applications of a product or process), and (ii) the utility is specific, substantial, and credible.
	www.patenthome.com /patent_terms021.htm (599 words)

	[No title] (Site not responding. Last check: 2007-10-08)
		Invention based on experiences in company, under order from company, as employee.
		The second invention is still available, the PCT/ISA lack of unity decision is not binding at the national stage, but the national offices will not have the benefit of an ISA report on the second invention.
		National exhaustion is the notion that once a given unit of product has been put into service in a non-infringing fashion in a given country, that the patent owner cannot sue a subsequent purchaser for infringement.
	www.walaw.com /intl-pat (1775 words)

	PATENT LAW OF THE RUSSIAN FEDERATION
		The application for the grant of an invention patent (hereinafter referred to as an invention application) shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (unity of invention requirement).
		As per the law of the Russian federation the term of an invention patent shall be 20 years from the date of receipt of the application by the Federal executive authority on intellectual property.
		The term of an invention patent for a medication, a pesticide or agrochemical, the utilization of which requires a duly issued permission, shall be extended by the Federal executive authority on intellectual property upon request from the patent owner.
	www.helplinelaw.com /law/russia/others/patent.php (1960 words)

	LAW OF THE REPUBLIC OF INDONESIA (Site not responding. Last check: 2007-10-08)
		Invention shall mean an Inventor’s idea that is poured in any activity of solving a specific problem in the field of technology, either in the form of a product or process, or an improvement and development of a product or a process.
		An Invention shall also not be deemed to have been announced, if, within a period of 12 (twelve) months before the Filing Date, it was announced by any other person by way of breaching an obligation to preserve the confidentiality of the relevant Invention.
		Any Invention in the form of a product or device, which is novel and possesses practical use values because of its shape, configuration, construction, or component may be granted a legal protection in the form of a Simple Patent.
	www.inventnet.com /mypage/diditanhar/PatentsLaw.htm (3855 words)

	The EPO Enlarged Board of Appeal clarifies priority right with respect to a second application for "same ... (Site not responding. Last check: 2007-10-08)
		The term "same invention" had in this case to be interpreted in conformity with Article 88(2) to (4) EPC : the elements of the second application have to be specifically disclosed in the priority document.
		Where two conflicting European patent applications are concerned, if the later European patent application constitutes a selection invention in respect of the subject-matter disclosed in the priority application, the priority claim should not be acknowledged if the selection invention is considered "novel" according to the criteria applied by the European Patent Office.
		Priority of a previous application in respect of a claim in a European patent application in accordance with Article 88 EPC is to be acknowledged only if the skilled person can derive the subject-matter of the claim directly and unambiguously, using common general knowledge, from the previous application as a whole.
	www.wptn.com /pat_003_sep01.htm (726 words)

	Rule 68 of the Regulations under the PCT (Site not responding. Last check: 2007-10-08)
		Rule 66.1(e), in respect of the entire international application, but shall indicate, in any written opinion and in the international preliminary examination report, that it considers that the requirement of unity of invention is not fulfilled and it shall specify the reasons therefor.
		Any applicant may pay the additional fees under protest, that is, accompanied by a reasoned statement to the effect that the international application complies with the requirement of unity of invention or that the amount of the required additional fees is excessive.
		Article 34(3)(c), the invention first mentioned in the claims shall be considered the main invention.
	www.wipo.int /pct/en/texts/rules/r68.htm (633 words)

	1999 CFR Title 37, Volume 1 (Site not responding. Last check: 2007-10-08)
		Examination of request for publication of a statutory invention registration and patent application to which the request is directed.
		Unity of invention before the International Searching Authority, the International Preliminary Examining Authority and during the national stage.
		Protest to lack of unity of invention before the International Preliminary Examining Authority.
	www.access.gpo.gov /nara/cfr/waisidx_99/37cfr1_99.html (795 words)

	Anguilla-Lawyer.com - Keithley Lake & Associates
		Where an invention is made in execution of an employment contract, the right to the patent shall belong, in the absence of contractual provisions to the contrary, to the employer.
		The description must disclose the invention in a manner which is clear and complete enough for the invention to be carried out by a person having ordinary skill in the art, and should, in particular, indicate at least one mode known to the applicant for carrying out the invention.
		The exploitation of the patented invention in Anguilla by persons other than the owner of the patent shall require the agreement of the owner.
	www.anguilla-attorney.com /services.php (1223 words)

	Drafting a Patent Application (Site not responding. Last check: 2007-10-08)
		The field to which the invention pertains should be set forth here in one or two sentences and it should be stated whether devices, compounds, processes and/or uses are comprised.
		If compounds are the subject of the invention, the broadest group followed by preferred subgeneric groups and preferred specific compounds are to be recited.
		We face now the problem of equivalency: the invention is not identically described in the claims, however, essentially the same result is achieved by essentially the same method and essentially the same materials.
	www.ipmall.fplc.edu /hosted_resources/arnold/11.1.htm (1294 words)

	IP Info (Site not responding. Last check: 2007-10-08)
		Where certain inventions require being claimed using a multitude of claims, the importance of that invention and the adequacy of the patent protecting that invention should not be minimized by an arbitrary claim limit imposed by the PTO.
		The unity of invention would permit a single inventive concept to be advanced in each application, rather than plural concepts expressed as the same class of invention.
		The presumption in the present proposal that applicants have constructively elected the invention first presented in the claims is unacceptable because of uncertainties existing in the manner in which some examiners practice the current restriction guidelines.
	www2.mnbar.org /mipla/miplacom.html (8172 words)

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