6.1.4.5 Intermediate and Final Products in Chemical Applications

Also in this Chapter:

• 6.1.4.1 Unity of Invention Background
• 6.1.4.2 Determining Lack of Unity
• 6.1.4.3 Combinations of Different Categories of Claims
• 6.1.4.4 Markush Practice
• 6.1.4.6 Biotechnological Inventions
• 6.1.4.7 Single General Inventive Concept
• 6.1.4.8 A Priori and A Posteriori Lack of Unity
• 6.1.4.9 Issuing the Invitation to Pay Additional Search Fees
• 6.1.4.10 Unsupported Unclear Long
• 6.1.4.11 Payment of Additional Search Fees Under Protest
• 6.1.4.12 Completing the Search Report
• 6.1.4.13 Time for Completing the Search Report
• 6.1.4.14 Reported Decisions -Unity
• 6.1.4.15 Other Decisions on Unity from the EPO

Key Legislation:​​​​​​​

PCT ISPE Guidelines:

• Chapter 10 Unity of Invention
  • para 10.18
  • para 10-28-10.33

The term "intermediate" includes both intermediate and starting products that are used to produce the final products. [PCT/GL/ISPE/12 at para 10.18].

Paragraphs 10.28 - 10.33 of the PCT International Search and Preliminary Examination Guidelines refers to the case of intermediates and final products. See examples 8 to 13.

When considering claims to intermediate and final products two conditions need to be fulfilled for unity of invention to exist:

• the intermediate and final products have the same essential structural element, in that either:
  • the basic chemical structures of the intermediate and the final products are the same; or
  • the chemical structures of the two products are technically closely interrelated, the intermediate incorporating an essential structural element into the final product.
• the intermediate and final products are technically interrelated, this meaning that the final product is manufactured directly from the intermediate or is separated from it by a small number of intermediates all containing the same essential structural element.