2. Search division
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  9. 2.2.2 Further searches in a different technical field for a non-unitary application
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2.2 Search division has more than one member

Overview

2.2.2 Further searches in a different technical field for a non-unitary application  

The search division may also have more than one member where subject-matter in different technical fields is found to lack of unity. Such cases are handled as follows:

(a)The first member carries out a search on the invention first mentioned in the claims (see F‑V, 3.4) in one technical field and draws up a search opinion (if applicable – see B‑XI, 7) on this first invention and the reasons for the lack of unity. The applicant is sent a partial search report (see B‑VII, 1.1), along with an invitation to pay further search fees for the inventions that are in another technical field.

(b)The applicant pays further search fees for the inventions they want to have searched (see B‑VII, 1.2.1).

(c)A second member specialised in the relevant technical field searches the other inventions for which fees were paid. 

(d)The second member adds an opinion on the additionally searched inventions to the first member's opinion on unity and the first invention. 

In very exceptional cases, more than one other member (i.e. also a third or possibly even more members) will be needed to search the other invention or inventions for which fees have been paid, but the procedure followed is the same.

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