Where the search division finds that the claimed invention does not meet the requirement of unity of invention (Art. 82 and Rule 44(1) and Rule 44(2)), the search division sends the applicant an invitation to pay additional search fees and the partial search report relating to the invention or unitary group of inventions first mentioned in the claims (see B‑VII, 1.1, B-VII, 1.2 and B-VII, 1.3, and Rule 64(1)). At the same time as preparing the invitation, the search division must complete the search opinion for the searched first invention. However, at this stage only the invitation to pay additional fees and the partial search report are actuallyA provisional opinion on the patentability of the invention or unitary group of inventions first mentioned in the claims and the reasons for non-unity findings is also sent to the applicant (see B‑VII, 1.2).
After the time limit for payment of the additional search fees has expired, (Rule 64(1)) the applicant is sent a search report relating to the invention or unitary group of inventions first mentioned in the claims and all other claimed inventions or unitary groups of inventions in respect of which additional search fees have been paid. This is accompanied by a search opinion containing: