R.64 EPC European search report where the invention lacks unity

If the European Patent Office considers that the European patent application does not comply with the requirement of unity of invention, it shall draw up a partial search report on those parts of the application which relate to the invention, or the group of inventions within the meaning of Article 82, first mentioned in the claims. It shall inform the applicant that, for the European search report to cover the other inventions, a further search fee must be paid, in respect of each invention involved, within a period of two months. The European search report shall be drawn up for the parts of the application relating to inventions in respect of which search fees have been paid.
(2)
Any fee paid under paragraph 1 shall be refunded if, during the examination of the European patent application, the applicant requests a refund and the Examining Division finds that the communication under paragraph 1 was not justified.
 
[ Art. 92 R. 65 164 ]
See opinion of the Enlarged Board of Appeal G 2/92 (Annex I).
Amended by decision of the Administrative Council CA/D 3/09 of 25.03.2009 (OJ EPO 2009, 299), entered into force on 01.04.2010.

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EPC Articles

EPC Implementing Rules

EPC Rules relating to Fees

EPO Guidelines - A Formalities Examination

EPO Guidelines - B Search

EPO Guidelines - C Procedureal Aspects of Substantive Examination

EPO Guidelines - E General Procedural Matters

EPO Guidelines - F The European Patent Application

EPO Guidelines - H Amendments and Corrections

Offical Journal of the EPO

Case Law Book

Case Law Book: II Conditions to be met by an Application

Case Law Book: IV Divisional Applications

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