Lack of unity of invention
Overview
3.3.7.Lack of unity of invention
3.3.013If the EPO as ISA considers that the international application claims more than one invention, it states the reasons for its finding and invites the applicant to pay an additional fee for every further search, payable direct to the EPO. At the same time the EPO informs the applicant of the result of the partial international search, which is restricted to those parts of the application relating to the invention first mentioned in the claims. As from 1 April 2017, the EPO sends a provisional opinion on the patentability of the invention (or unitary group of inventions) first mentioned in the claims, together with the invitation to pay additional search fees and the partial search results.
Art. 17(3)(a) PCT
R. 13, 40 PCT
R. 158(1) EPC
OJ 1989, 61
OJ 2017, A20
GL/ISPE 10.01-10.70
PCT Newsletter 7/2013, 10
6/2021, 11
3.3.014The amount of the additional fee is reduced for applicants fulfilling the requirements for reduction of the search fee (see point 3.1.024).
3.3.015If the applicant does not pay any additional search fee, the EPO establishes the ISR and WO‑ISA on the basis of the result already communicated. The WO‑ISA will contain the reasons for any non-unity objection raised.
3.3.016If the applicant pays one or more additional search fee(s) within the time limit set, those parts of the application for which additional search fees have been paid will also be searched. Consequently the ISR and WO‑ISA will be established for all inventions for which a search fee has been paid.