Chapter V – Unity of invention
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3. Searched claims did not comply with unity of invention

Overview

3.2 Payment of additional search fees under protest 

A revised version of this publication entered into force.

If, in reply to the objection to lack of unity at the search stage, the applicant has paid additional search fees under protest and

(a)the Review Panel decided that the protest was fully justified, no invitation to pay additional fees (Form 405) is sent. The Review Panel's decision is followed and the WO‑IPEA/IPER is established for all searched inventions; 

(b)the Review Panel decided that the protest was partly justified, an invitation to pay additional fees (Form 405) is sent, with the reasoning and the number of inventions adapted to the Review Panel's decision. 

The examiner should ensure that the lack of unity objection raised at the search stage is still valid for the newly filed claims.

Rule 68.3(c)
GL/ISPE 10.78

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