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Guidelines for Examination

 
 

13.4 Restricted IPER

If the EPO has established an IPER on the application and the applicant wishes to obtain protection pertaining to claims which were not the subject of this IPER because they were not searched during the international phase in consequence of an objection of lack of unity, he can decide to have such claims searched in response to the invitation to pay additional search fees under Rule 164(2) and choose them for further prosecution.will have Alternatively, he can decide to file one or more divisional applications for the inventions not searched, provided that, when a divisional application is filed, the application being divided is still pending (see A‑IV, 1.1.1.1 A‑IV, 1.1.1) and at least one of the periods provided for under Rule 36(1)(a) and Rule 36(1)(b) has not yet expired (see A‑IV, 1.1.1.2 and A‑IV, 1.1.1.3).