table of contents
米 国
According to the US screening standards,
Multiple inventions that are (a) independent (have no relationship to each other) and (b) distinct (have a relationship that allows each to be patented independently, such as a manufacturing method and a product, a method and a device, etc.) are: It is not possible to obtain a right with a single application (MPEP 802).
However, ``Restriction requirements may not be placed on patentable inventions claimed in a single application unless there is a particular burden on the examination.'' ” (MPEP 803)
Examples of categories of inventions that can be included in one application
② Invention of a product and invention of a use, but the invention cannot be implemented for a product whose uses are different.
③Inventions of processes and inventions of devices or means, where the devices or means cannot be used to carry out different methods.
EPC
A European patent application must be filed for an invention or a group of inventions that are so related as to form a "single general inventive concept" (Article 82 EPC).
According to Article 1(XNUMX) of the EPC Regulation, when a group of inventions is claimed, only if these inventions are related to include one or more of the same or corresponding specific technical features: Unity of invention as defined in Article XNUMX EPC is satisfied.
Examples of categories of inventions that can be included in one application
②Method and equipment for carrying out the method.
③Products, methods of manufacturing the products, and equipment for carrying out the methods.
If it is determined that there is no unity, you will be asked whether or not to perform additional searches. If you wish to conduct additional searches, you will need to pay a separate search fee. If an additional search is conducted for the second and subsequent group inventions, and if it becomes impossible to obtain rights for the first group invention in this case, an additional search will be conducted in this case without filing a separate divisional application. It becomes possible to obtain rights for one of the group's inventions.
Chugoku
It is permissible to include multiple inventions in one application only if the multiple inventions are related to each other based on one overall concept (Article 35, Paragraph 1 of the Implementing Regulations of the Patent Act). It is necessary to include one or several same or common specific technical features (technical features that consider multiple inventions as one whole and contribute to the existing technology).
Examples of categories of inventions that can be included in one application
②Claim for independent rights to the product and the use of the product.
③Claim for independent rights to the product, the method used only to manufacture the product, and the use of the product.
④Products, methods used only for the production of the products, and equipment designed exclusively for carrying out the methods (dedicated does not mean that this product cannot be produced by other methods). Independent claim.
⑤ Two or more independent rights claims for products or methods of the same type (the type of independent rights claims are the same) that cannot be stated in one rights claim.
⑥ Request for independent rights to the method and dedicated equipment for carrying out the method.
Taiwan
If two or more inventions are inseparable in terms of use and fall under any of the following, a single application may be filed (Article 31 of the Patent Law).
② If the invention is an invention of a product, a method of producing the product, a method of using the product, a machine, instrument, or device for producing the product, or a product that exclusively utilizes the characteristics of the product.
③ If the invention is a process invention, a machine, instrument, or device directly used for carrying out the process.
South Korea
In order to obtain a patent, one separate patent application should be made for each invention. However, a group of inventions forming a single inventive concept can be included in one application (Korean Patent Act, Article 45-(1)) . Any of the following applications shall be deemed to have met the requirement of unity of invention (Korean Patent Act Enforcement Decree, Article 6-(1)):
(i) An application describing an independent claim relating to a product or process;
(ii) If the application includes an independent claim relating to a product, an application selectively or collectively describing independent claims relating to a process for handling the product, a product solely utilizing the specific properties of the product, a machine, instrument or equipment, other products for manufacturing the product, or a product for handling the product; or
(iii) Where the application includes an independent claim relating to a process, an application describing an independent claim relating to a machine, instrument, equipment, or other products for direct use in working the process.
According to the Korean Patent Act Enforcement Decree, Article 6 (Requirements for Patent Application), the requirements for a patent application must be one of the following:
2. Applications in which one independent claim related to a product is stated, and each of the following independent claims is selectively stated or all of the following are stated:
① An independent item related to the method of producing the product
②An independent term related to the method of using the product
③An independent term related to the method of handling the item
④An independent claim related to the machinery, equipment, equipment, and other things that produce the product
⑤An independent term related to a product that utilizes only the specific properties of the product
⑥ An independent term related to the thing that handles the thing
3. An application in which an independent claim relating to a method is stated, and an independent claim relating to a machine, instrument, device, or other thing directly used for carrying out the method is stated.