2.3.2 Rule 137(3) vs non-unity

If a non-unity objection was raised during the search and the applicant paid at least one additional search fee, the applicant will be invited to choose which invention they want to have examined (see C‑III, 3.2).

If, after examination of one invention has started, the applicant tries to switch to a second searched invention, the amended claims will not be admitted in the proceedings under Rule 137(3), since only one invention in each application can be examined (see H‑II, 6.1, third paragraph).

The same principle likewise applies if the applicant files several auxiliary requests containing different searched inventions.