Quick Navigation

Print
 

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)
D. The EPO as an International Preliminary Examining Authority (IPEA) - PCT Chapter II PCT
II. The international preliminary examination procedure before the EPO as an IPEA
Unity of invention
Unity of invention
392
Where the EPO as IPEA considers that the international application lacks unity of invention, it will invite the applicant either to restrict the claims in order to meet this requirement or, to the extent that the inventions have been searched, to pay additional preliminary examination fees.  
Art. 34(3) PCT
R. 68.2, 68.3(c) PCT
R. 158(2) EPC
OJ 2010, 320, 322
393
If the applicant fulfils the requirements for reduction of the preliminary examination fee, any additional fee is validly paid upon payment of the reduced sum (see point 355).
394
If the applicant does not pay any additional preliminary examination fee the EPO establishes the IPER on the basis of the result already communicated. 
395
If the applicant pays one or more additional preliminary examination fee(s) within the time limit set, those parts of the application for which additional fees have been paid will also be examined. Consequently the IPER will be established for all inventions for which a fee for preliminary examination has been paid. 
396
The applicant may pay any additional fee under protest in accordance with Rule 68.3(c) PCT. The protest procedure is the same as before the EPO as ISA (see points 262 ff).
R. 158(3) EPC
Art. 2.21 RFees,
OJ 2010, 320, 322
397
Where applicable, the EPO as IPEA will base the examination on the results of the protest procedure, if available, before establishment of the IPER. 
398
Claims relating to inventions in respect of which no international search report has been established will not be the subject of international preliminary examination by the EPO as IPEA (see point 382).
R. 66.1(e) PCT