If, in reply to the invitation in Form 405, the applicant pays additional preliminary examination fees without protest, the WO-IPEA/IPER is established on the basis of those inventions for which examination fees have been paid. Section IV is filled out and the reasons for lack of unity are given on the separate sheet.
If, in reply to the invitation in Form 405, the applicant restricted the claims and paid additional fees, the examiner has to verify that the restricted set of claims does not contain more inventions than those for which additional fees have been paid and that the restricted claims relate to subject-matter that has been searched.
If this is the case, the WO-IPEA/IPER is established on the restricted set of claims, and Section IV is filled out.
If this is not the case, the WO-IPEA/IPER is established on as many inventions mentioned in Form 405 as additional fees have been paid for. Section IV is filled out and any claims relating to unsearched subject-matter are indicated in Section III.
In both cases the reasons for the lack of unity are given on the separate sheet.
Source: http://www.epo.org/law-practice/legal-texts/html/guidelinespct/e/c_v_4_2.htm
Date retrieved: 17 May 2021