PCT AG-IP 8.044 What will happen where the main International Searching Authority finds that the international application does not comply with the requirement of unity of invention?

Rule 13
45bis.5(e)

8.044.  What will happen where the main International Searching Authority finds that the international application does not comply with the requirement of unity of invention?  If the main International Searching Authority finds that the international application does not comply with the requirement of unity of invention and the applicant did not pay any additional search fees, the Authority specified for supplementary search is not obliged to carry out any supplementary search on claims which have not been searched by the main International Searching Authority.  The requirements for unity of invention are set out in detail in paragraphs 5.114 to 5.123.  The Authority specified for supplementary search is not, however, obliged to agree with the main International Searching Authority and may make its own finding on unity of invention.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip08.html

Date retrieved: 24 November 2017

3 references found.

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PCT Implementing Rules

PCT Applicant's Guide - International Phase