Action:
The USPTO will consider adopting a unity of invention standard
for national applications, which is the standard for restriction purposes
when examining applications filed under the Patent Cooperation Treaty (PCT). This
would be consistent with the Office's plan to consider the issue with the
World Intellectual Property Organization (WIPO) Standing Committee on Patents
and within the framework of the Trilateral Offices (European Patent Office
(EPO), Japan Patent Office (JPO), and USPTO).
Background Information:
The Strategic Plan
states:
We will conduct a study of the changes needed to
implement a Patent Cooperation Treaty (PCT) style unity of invention
standard in the United States. The study will be completed and appropriate
legislation will be introduced before the end of the 108th Congress.
Under the PCT, a unity of invention standard is followed. This essentially
permits groups of inventions so linked as to form a single inventive concept
to be examined in a single application. The current national standard
within the Office (which bases restrictions on inventions being independent
and/or distinct) may cause applicants to file multiple applications to
obtain patent coverage that might be secured within a single application
if the USPTO were to adopt the unity of invention standard.
Option Considered:
Evaluate (study) changing U.S. restriction practice to
the unity of invention standard.
USPTO Recommended Course of Action:
The USPTO will conduct a study of implementing unity
procedure, including public comment and a thorough analysis of implementation
options and business impacts.
Details and Timing:
The USPTO will first publish for public comment a
range of unity issues, questions related to unity practice, and questions
regarding the scope of the unity study. After receiving public comment, the USPTO will do
an analysis of implementation options based on public comments received,
and the corresponding business-impact analysis. Following the analysis,
the USPTO will publish a notice setting out proposals/options to implement
unity (Green Paper). It is expected that the Green Paper will be published
in the fall of 2003. After a public
comment period on the Green Paper, a final report on implementation of
unity (White Paper) will be published (spring of 2004), followed by drafting
legislation.
Implementation Schedule
| Work Breakdown Structure | Task Name | Start | Finish | Project Lead |
|---|
| 5 | Legislative/Rules 1: P-08 - Unity Study | 03/13/03 | 10/01/04 | B. Kisliuk, C. Pearson |
| 5.1 | Develop issues, questions for public comment on unity study (P-08) | 03/13/03 | 04/15/03 | |
| 5.2 | Clearance for public comments on unity study (P-08) | 04/15/03 | 05/30/03 | |
| 5.3 | Publish public comments on unity study (P-08) | 05/30/03 | 06/30/03 | |
| 5.4 | Analysis of implementation options and business impacts (P-08) | 07/02/03 | 11/30/03 | |
| 5.5 | Publish Green Paper on implementation options and business impacts (P-08) | 11/30/03 | 01/30/04 | |
| 5.6 | Comment period on Green Paper, including public hearings (P-08) | 11/30/03 | 01/30/04 | |
| 5.7 | Publish final report on implementation of unity (White Paper) (P-08) | 04/30/04 | 04/30/04 | |
| 5.8 | Draft legislation to implement unity (P-08) | 02/01/04 | 05/30/04 | |
| 5.9 | Vet legislation internally and DOC, OMB (P-08) | 05/30/04 | 09/30/04 | |
| 5.10 | Introduce legislation (P-08) | 09/30/04 | 09/30/04 | |
| 5.11 | Legislation effective one year after enactment (P-08) | 09/30/04 | 10/01/04 | |
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