PCT AG-IP 7.016 What happens where the International Searching Authority considers that the international application does not meet the requirement of unity of invention?

Article 17(3)(a)
Rule 13
40.1
40.2(a)
and (b)
40.2(e)

7.016.   What happens where the International Searching Authority considers that the international application does not meet the requirement of unity of invention?  If the International Searching Authority finds that the international application does not meet the requirement of unity of invention, it invites the applicant to pay additional fees, specifying the reasons for its finding and indicating the number of additional fees to be paid.  The invitation will also invite the applicant to pay, where applicable, and will indicate the amount of, the protest fee as referred to in Rule 40.2(e).  Such additional fees are payable directly to the International Searching Authority within one month from the date of the invitation.  Annex D indicates the amount of the additional search fee per additional invention charged by each International Searching Authority.

7.017.   When the International Searching Authority invites the applicant to pay additional fees, it may annex to the invitation the results of a partial international search limited to the invention first mentioned in the claims (the relevant claims are identified in the invitation).  The results of such a partial search will be included in the international search report when it is established, together with the results of the search of any further invention for which the applicant pays additional fees within the time limit fixed in the invitation.

Article 17(3)(a)
Rule 13

7.018.   The International Searching Authority establishes the international search report in any case on those parts of the international application which relate to the “main invention,” that is, the invention – or group of inventions so linked as to form a single general inventive concept – first mentioned in the claims.  Moreover, the International Searching Authority establishes the international search report also on those parts of the international application which relate to any invention – or any group of inventions so linked as to form a single general inventive concept – in respect of which the applicant has paid the additional fee within the time limit fixed in the invitation.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip07.html

Date retrieved: 24 November 2017

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