B‑VII, 7.1 Admissibility of the protest - Guidelines for Search and Examination, EPO as PCT Authority
7.1
Admissibility of the protest 

Before initiating the protest procedure the formal admissibility of the protest in the sense of Rule 40.2(c) (Chapter I) must be checked.

To be admissible the protest should satisfy the following requirements:

(a)
The applicant must have paid the prescribed protest fee (Rule 40.2(e)), and
(b)
The payment under protest must be accompanied by a reasoned statement, i.e. the reasoned statement should have been filed with the payment or at the latest within the time limit set in Form 206. 

The reasoned statement must comply with Rule 40.2(c); i.e. the applicant should argue why the international application complies with the requirement of unity of invention or why the amount of the required additional fee is excessive. In the protest the applicant should question the number of additional fees that he has been invited to pay, and not the amount of a single additional fee.

The payment of the protest fee and the filing of a purportedpresence of a reasoned statement are assessed by specially trained formalities officers. Any substantive analysis is made by the Review Panel when assessing the justification of the protest. If the applicant merely submits a statement of disagreement without reasoning, the Review Panel will refer to the reasoning contained in the invitation to pay additional search fees (Form 206) when taking its decision.

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