PCT AG-IP 8.045 What will happen where the Authority specified for supplementary search considers that the international application does not comply with the requirement of unity of invention?

Rule 45bis.6(a) and (c)

8.045.   What will happen where the Authority specified for supplementary search considers that the international application does not comply with the requirement of unity of invention?  If the Authority specified for supplementary search finds that the international application does not comply with the requirement of unity of invention (the requirements for unity of invention are set out in detail in paragraphs 5.114 to 5.123) it will not invite the applicant to pay additional fees, as the International Searching Authority does in the main international search.  Instead, it will establish the supplementary international search report on those parts of the international application which relate to the invention first mentioned in the claims (“main invention”), and notify the applicant of its opinion that the international application does not comply with the requirement of unity of invention and specify the reasons for that opinion.  The applicant may, within one month from the date of the notification, request the Authority to review its opinion, subject to the payment of any review fee (see Annex SISA).  The review fee will be refunded in full, where the opinion is found to be unjustified (see paragraph 8.046) and a revised supplementary international search report will be issued, where appropriate.

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

Date retrieved: 02 November 2015

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PCT Implementing Rules

PCT Applicant's Guide - International Phase