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1850 MANUAL OF PATENT EXAMINlNG PROCEDURE The search fee which the applicant is required to pay is intended to compensate the International Searching Authority for carrying ont an international search on the international application, but only where the international application meets the "requirement of unity of invention". That means that the international application must relate to only one invention or must relate to a group of inventions which are so linked as to form a single general inventive concept (PCT Articles 3(4)(iii) and 17(3)(a». If the International Searching Authority finds that the international application does not comply with the requirement of unity ofinvention, the applicant will be invited to pay additional search fees. The International Searching Authority will specify the reasons for its findings and indicate the number of additional fees to bepaid (pCT Rules 40.1, 40.2(a) and (bj), Such additional fees are payable directly to the International Searching Authority which is conducting the search, either the United States Patent and Trademark Office or European Patent Office, within the. time limit fixed, which must not be shorter than 15 days, if the applicant's address is in the same country as the International Searching Authority; or 30 days, if applicant's address is in a. country different than the country of the International Searching Authority; and not longer than 45 days from the date of the invitation (PCT Rule 40.3). The search fee amounts for the U.S. and the European Patent Office are found in each weekly edition of the Official Gazette. The International Searching Authority will establish the international search report on those parts of international application which relate to the "main invention," that is, the invention or the group of inventions so linked as to form a single general inventive concept first mentioned in the claims (PCT Article 17(3)(a». Moreover, the international search report will be established also on those parts of the international application which relate to any invention (or any group of inventions so linked as to form a single general inventive concept) in respect of which the applicant has paid any additional fee within the prescribed time limits. Any applicant may pay the additional fee under protest, that is, accompanied by a reasoned statement to the effect that the international application complies with the requirementof unity of invention or that the amount of the required additional fee is excessive August2001 1800-64 (PCT Rule 4O.2(c». Any such protest filed with the U.S. International Searching Authority will be examined and decided by a Technology Center Director (37 CFR 1.477). To the extent that the applicant's protest is found to be justified, total or partial reimbursement of the additional fee will be made. On the request of the applicant, the text of both the protest and the decision thereon is sent to the designated Offices together with the international search report (37 CFR 1.477). Where, within the prescribed time limit, the applicant does not pay any additional fees or only pays some of the additional fees indicated.'certain parts of the international application will consequently not be searched. The lack of an international search report in respect of such parts of the international application will, in itself, have no influence on the validity ofthe international application and processing of the international application will continue, both in the international and in the national (regional) phases. The unsearched claims, upon entry into the national stage, will be considered by the examiner and may be the subject of a holding oflack ofunity ofinvention. See MPEP § 1875.01 for telephone unity practice. It applies in the same manner under Chapter I. UNITY OF INVENTION . NUCLEOTIDE SE· QUENCES Under 37 CPR 1.475 and 1.499 et seq., when claims do not comply with the requirement of unity of invention, i.e., when the claimed subject matter does not involve "one or more of the same or corresponding special technical features," 37 CFR 1.475(a), an additional fee is required to maintain the claims in the same application. 37 CFR 1.476 (b). The Commissioner has decided sua sponte to partially waive 37 CFR 1.475 and 1.499 et seq. to permit applicants to claim up to ten (10) nucleotide sequences that do not have the same or corresponding special technical feature without the payment of an additional fee. The PCT permits inventions that lack unity of invention to be maintained in the same international application for payment of additional fees. Thus, in international applications, for each group for which applicant has paid additional international search and/or preliminary examination fees, the USPTO has determined that up to four (4) such additional sequences per group is a reasonable number for examination. Further, claims directed to the selected
sequences will be examined with claims drawn to any sequence combinations whichhave a common technical feature with the selected sequences. Nucleotide sequences encoding the same protein are considered to satisfy the unity of invention standard and will con" tinue to be examined together. See MPEP § 803.04 for examples of nucleotide sequence claims impacted by this partial waiver of 37 CFR 1.475 and 1.499 et seq. 1851 Identification of Patent Documents The examiner, in completing the international search report as well as the Chapter II written opinion and final report, is required to cite the references in accordance with the provisions of Administrative Instructions 503 and 611. These sections of the Administrative Instructions require reference citations to include, in addition to other information which is apparent from the forms which the examiner fills out, an indication of the two"letter country code of the country or entity issuing or publishing the document and the standard code for identifying the kind of patent document. The discussion which follows is limited to the identification of patent documents (and nonpatent publications) and a listing of the two-letter country codes for countries or other entities which issue or publish industrial property information. The standard codes for identifying different kinds of patent documents are found in the "WIPO Hand" book on Industrial Property Information and Documentation" - WIPO Standard ST.16 which is published by the World Intellectual Property Organization. The listing is extensive. The Special Program Examiners in each Technology Center (TC) have a complete copy of Standard ST.16. It is also accessible on WIPO's web site (http://www.wipo.int/scit/en/) under the heading "WIPO Standards and Other Documentation." Provided herein is an abbreviated version representing the countries and codes commonly used by the examiner in preparing search reports. U.S. patents published before January 2, 2001 are Code A documents generally. Beginning with patents published on January 2, 2001, U.S. patents are Code .B documents. Patent Application Publications, first published on March 15,2001, are Code A documents. Reexamination certificates published before January 2,2001 are Code B documents. Reexamination certificates published on or after January 2, 2001 are Code PATENT COOPERATION TREATY 1851 C documents. Tables providing a complete list of the kind codes ofpatents and other documents published by the USPTO are included in MPEP § 901.04(a). All nonpatent litf"ratlJIe documents are Code N"' Numerical designations are sometimes found ()n published documents along with the letter code designation. These should be used by the examiner only if such numerical designation is on the document. Numerical codes along with letter codes can be found, for example, on certain published patent documents such as the German Offenlegungsschrift and published international applications. If numerical designations are not provided, the examiner should use only the letter code designation. The most commonly cited documents are patents and published patent applications. A guideline for the citation of such documents is listed below. The listing is indicated in the order in which the elements should be listed. In the case of a patent or published patent application: (A) The Office that issued the document, by the two letter code (WIPO Standard ST.3); (B) The number of the document as given to it by the Office that issued it (for Japanese patent documents the indication of the year of the reign of the Emperor must precede the serial number of the patent document); (C) The kind of document, by the appropriate symbols as indicated on the original document or as given in Appendix II to WIPO Standard ST.16; (0) The name of the patentee or applicant (in capital letters, where appropriate, abbreviated); (E) The date of publication of the cited patent document indicated thereon; (F) Where applicable, the pages, columns or lines where the relevant passages appear, or the relevant figures of the drawings. The following examples illustrate the citation of a patent document as indicated above: JP 50-14535 B (NCR CORP.) 28 May 1975 (28.05.75), see column 4, lines 3 to 27. DE 3744403 Al (A. JOSEF) 29 August 1991 (29 08-91), page I, abstract. US 4,540,573 A (NEURATH etal.) 10 September 1985 (10109/85), see entire document, especially column I, lines 10-23. 1800-65 August2001
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patent cannot be reissued solely fo
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the patent will issue to the applic
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3. Prepare Certificate using form p
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to .accept an unintentionally delay
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holding it is not a design 'for an
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DESIGN PATENTS Date(s) Which Can Al
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372 F.2d 593, 152 USPQ 593 (CCPA 19
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(i} Arrangement of views. One view
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Form Paragraph 16.12 may be used to
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which patent protection is desired.
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(A) the international filing date i
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2001.06 Sources of Information All
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individuals may satisfy their duty
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Chakrabarty, the Board of Patent Ap
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eflecting Congressional intent, is
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aliased pixel illumination intensit
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evidence can be provided that shows
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