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Guide for applicants, Part 2: PCT procedure before the EPO (Euro-PCT Guide)

 
 
Table of Contents - Guide for applicants, Part 2: PCT procedure before the EPO (Euro-PCT Guide)
C. The EPO as an International Searching Authority (ISA) and a Supplementary International Searching Authority (SISA)
III. Refusal to perform a (full) international search
Lack of unity of invention
Lack of unity of invention
262
If the EPO as ISA considers that the international application claims more than one invention, stating the reasons for its finding it invites the applicant to pay for each further invention an additional search fee, which must be paid direct to the EPO. At the same time the EPO informs the applicant of the result of its partial international search, which is restricted to those parts of the application relating to the invention first mentioned in the claims.  
Art. 17(3)(a) PCT
R. 13, 40 PCT
R. 158(1) EPC
Art. 2.2 RFees
OJ 1989, 61
GL/ISPE 10.01-10.78 
263
If the applicant fulfils the requirements for reduction of the search fee, any additional search fee is validly paid upon payment of the reduced amount (see point 213).
264
If the applicant does not pay any additional search fee, the EPO establishes the ISR and WO-ISA on the basis of the result already communicated. The WO-ISA will contain the reasons for any non-unity objection raised. 
265
If the applicant pays one or more additional search fee(s) within the time limit set, those parts of the application for which additional search fees have been paid will also be searched. Consequently the ISR and WO-ISA will be established for all inventions for which a search fee has been paid.  
Cascading non-unity
Consequences of non-payment of additional fee(s)