PCT AG-IP 8.046 What will happen when the applicant requests a review of the opinion of the Authority on unity of invention?

Rule 45bis.6(d) and (e)

8.046.   What will happen when the applicant requests a review of the opinion of the Authority on unity of invention?  If the applicant requests a review of the opinion of the Authority specified for supplementary search that the international application does not comply with the requirement of unity of invention and pays any required review fee, the Authority will review its opinion on unity of invention.  The review may not be carried out only by the person who made the decision which is the subject of the review.  The result of the review will be notified to the applicant.  If the opinion is found to be entirely unjustified, the Authority will establish the supplementary international search report on all parts of the international application and refund the review fee to the applicant.  If the opinion is found to be partially unjustified, and the Authority still considers that the international application does not comply with the requirement of unity of invention, it will establish a corrected supplementary international search report where necessary.  Independent of the review, the applicant may always request that the text of both the request for review and the decision thereon be communicated to the designated Offices together with the supplementary international search report.

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