Chapter VII – Unity of invention
2. Lack of unity at the search stage
If the lack of unity finding is raised at the search stage, a search is conducted for the invention first mentioned in the claims and the applicant is invited to pay additional search fees with Form PCT/ISA/206 (hereafter referred to as "Form 206"). The applicant can then decide to:
(i)not pay any additional fees,
At the same time as completing Form 206, the examiner completes the provisional opinion accompanying the partial search results (EPO Form 1707) for the searched first invention. Form 206 and EPO Form 1707 are sent together to the applicant. The examiner must give a complete and self-contained reasoning for the lack of unity in EPO Form 1707.
In the case of a doublure (see B‑IV, 1.1) where the earlier application also lacked unity, the applicant should be invited to pay additional fees even if all inventions were searched in the earlier application. The amount refunded will then be decided for each invention separately.
Where the EPO acting as ISA finds an international application to be non-unitary, and where that international application claims more than one priority which has been searched by the EPO, the applicant is invited to pay additional fees even if all inventions were searched in the earlier applications. The amount refunded will be decided for each invention separately.
However, where the international application claims one priority only and the EPO has issued an opinion for said priority document, the following applies: the applicant is not invited to pay additional search fees for inventions that have been searched in the priority application and qualify for a full refund. All these inventions must be dealt with in the search report and written opinion. By contrast, the applicant is invited to pay additional search fees for all other inventions that do not qualify for a full refund. When no written opinion is issued for the priority application, the applicant is invited to pay additional search fees.