An objection of lack of unity of invention, if applicable, should already have been raised at the search stage. If such an objection was not raised, but the examining division nevertheless considers that the requirements of Art. 82 are clearly not met, the question of lack of unity will be addressed as early as possible during examination (see F‑V, 7.1, and H‑II, 7.3).[Art. 82; ]
When raising a finding of lack of unity or upholding an earlier one objected to by the applicant on the basis of unconvincing reasons, the examining division will invite the applicant to limit the application to one invention or group of inventions. In response to such an invitation, applicants must clearly indicate which searched invention they wishes to prosecute further. If the response is unclear, the examining division must seek clarification before continuing with the examination (see T 736/14).
Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/c_iii_3_1.htm
Date retrieved: 17 May 2021
11 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
EPO Guidelines - C Procedureal Aspects of Substantive Examination
XGL C III 3.1.3 Invitation to pay additional search fees combined with invitation to restrict the scope of the search