5.2
The work of the Review Panel

For the composition and purpose of the Review Panel, see GL/PCT-EPO B‑VII, 7.2. The names of the members of the Review Panel are made public on Form 420.

The scope of the review is limited to those inventions for which additional fees have been paid. If the applicant's reasoning is not related to those inventions, the Review Panel will come to the conclusion that the protest is not or is only partially justified, depending on the case.

If the Review Panel determines that the protest is wholly justified, it will inform the applicant with Form 420 (Decision on Protest Chapter II). This also applies if the Review Panel's finding results in the application not lacking unity. It is not necessary to give any reasoning unless the Review Panel decides that such reasoning would be beneficial. Furthermore, the Review Panel will order the reimbursement of all the additional fees and the protest fee. The examination will be carried out on the inventions for which the fees are paid, and the non-unity reasoning and the number of inventions in the IPER (or WO-IPEA) will be adapted to the Review Panel's decision.

If the Review Panel considers that the protest is not justified at all, it will communicate this to the applicant using Form 420. Reasoning must be given, indicating why the request for payment of additional fees is upheld and addressing the applicant's relevant arguments. The examination will be carried out on the inventions for which the fees are paid.

If the Review Panel considers that the protest is only partially justified, it will communicate this to the applicant using Form 420. Reasoning must be given, indicating why the request for payment of the additional fees is partially upheld and addressing the applicant's relevant arguments. The examination will be carried out on the inventions for which the fees are paid, and the non-unity reasoning and the number of inventions in the IPER (or WO-IPEA) will be adapted to the Review Panel's decision. The Review Panel will order the reimbursement of the corresponding additional fees but not the protest fee.

The formalities officer will send the decision of the Review Panel to the applicant and the IB. The decision on protest (Form 420) will be sent out together with the WO-IPEA or IPER in order to ensure that both are consistent.

 

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