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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)
E. Euro-PCT procedure before the EPO as a designated (PCT Chapter I) or elected (PCT Chapter II) Office
XV. Lack of unity
XV.
Lack of unity 
634
Where the Euro-PCT application does not meet the requirement of unity of invention, the procedure laid down in Rule 164 EPC applies upon entry into the European phase.
R. 164 EPC
GL/EPO C-III, 3.1.1; E-VIII, 2.4.1, 4.2;
F-V, 13.1-13.2
635
In respect of a further invention contained in the Euro-PCT application which was not searched by the EPO in the international phase, a search will be performed only if a divisional application is filed. This means that the opportunity to have multiple inventions searched within the framework of a single Euro-PCT application is limited to the international phase of the application.
636
The EPO will not examine a Euro-PCT application if it has not itself performed a search in respect of the invention for which protection is sought. It follows that the examination of a Euro-PCT application in the European phase is conditional on the availability of the results of: 
–
either an international search carried out by the EPO as ISA/SISA in respect of the invention for which examination is requested;  
–
or a supplementary European search carried out by the EPO as designated/elected Office in respect of the invention for which examination is requested. 
No supplementary search performed: EPO was ISA
Supplementary search performed: EPO was not ISA