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The European Patent Convention

 
 

Rule 164[ 147 ]
Consideration of unity by the European Patent Office

(1)
Where the European Patent Office considers that the application documents which are to serve as the basis for the supplementary European search do not meet the requirements for unity of invention, a supplementary European search report shall be drawn up on those parts of the application which relate to the invention, or the group of inventions within the meaning of Article 82, first mentioned in the claims.
(2)
Where the examining division finds that the application documents on which the European grant procedure is to be based do not meet the requirements of unity of invention, or protection is sought for an invention not covered by the international search report or, as the case may be, by the supplementary international search report or supplementary European search report, it shall invite the applicant to limit the application to one invention covered by the international search report, the supplementary international search report or the supplementary European search report.
 
Amended by decision of the Administrative Council CA/D 20/09 of 27.10.2009 (OJ EPO 2009, 582),
entered into force on 01.04.2010. 
References

Art. 82, 153

 
Version history +
13.12.2007 - 31.03.2010 
Decision of the Administrative Council of 07.12.2006 (CA/D 10/06), (OJ EPO 2007, 8 and Special edition 1/2007)
01.04.2010 - 
CA/D 20/09 (OJ EPO 2009, 582 )
 
Cross-reference list
EPC EPC 1973
R. 164R. 112