W 0008/87 (Protest) of 14.12.1987
- European Case Law Identifier
- ECLI:EP:BA:1987:W000887.19871214
- Date of decision
- 14 December 1987
- Case number
- W 0008/87
- Petition for review of
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- Application number
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- IPC class
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- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
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- Abstracts for this decision
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- Application title
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- Applicant name
- non publié
- Opponent name
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- Board
- 3.2.02
- Headnote
1. In case it should become manifest that the subject-matter of an independent claim lacks novelty, a posteriori non-unity may arise from the fact that, through combination of this claim with existing dependent claims, new independent claims are created which do not relate to a group of inventions so linked as to form a single general inventive concept within the meaning of Rule 13.1 PCT.
2. However, the mere enumeration of the various inventions defined in such new independent claims, together with the statement that these inventions no longer form an inventive unity, does not comply with the requirements of Rule 40.1 PCT, according to which the reasons for the finding that a non-unity like this exists must be given in the invitation to pay additional search fees provided for in Article 17(3)(a) PCT. Thus, the invitation contravenes Rule 40.1 PCT read in conjunction with Rule 13.1 PCT and is, therefore, not legally binding with respect to the aforementioned lack of unity a posteriori.
- Relevant legal provisions
- European Patent Convention Art 154(3) 1973Patent Cooperation Treaty Art 17(3)(a)Patent Cooperation Treaty R 13(1)Patent Cooperation Treaty R 40(1)Patent Cooperation Treaty R 40(2)(c)
- Keywords
- Non-unity a posteriori
Requirement to state reasons in invitation to pay - Catchword
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- Cited cases
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- Citing cases
- W 0004/93
ORDER
For these reasons, it is decided that:
Refund of four additional search fees is ordered.