GA C4.2.12 4.2.12.

Unity of invention 
4.2.037
Where the EPO as IPEA considers that the international application lacks unity of invention, it will invite the applicant either to restrict the claims in order to meet this requirement or, to the extent that the inventions have been searched, to pay additional preliminary examination fees. 
Art. 34(3) PCT
R. 68.2, 68.3 PCT
R. 158(2) EPC
4.2.038
If the applicant fulfils the requirements for reduction of the preliminary examination fee, any additional fee is validly paid upon payment of the reduced sum (see point 4.1.060).
4.2.039
If the applicant does not pay any additional preliminary examination fee the EPO establishes the IPER on the basis of the result already communicated. 
4.2.040
If the applicant pays one or more additional preliminary examination fee(s) within the time limit set, those parts of the application for which additional fees have been paid will also be examined. Consequently the IPER will be established for all inventions for which a fee for preliminary examination has been paid. 
4.2.041
The applicant may pay any additional fee under protest in accordance with Rule 68.3(c) PCT. The protest procedure is the same as before the EPO as ISA (see points 3.3.020 ff).
R. 158(3) EPC
OJ 2010, 322
OJ 2015, A59
4.2.042
Where applicable, the EPO as IPEA will base the examination on the results of the protest procedure, if available, before establishment of the IPER. 
4.2.043
Claims relating to inventions in respect of which no international search report has been established will not be the subject of international preliminary examination by the EPO as IPEA (see point 4.2.027).
R. 66.1(e) PCT

Source: http://www.epo.org/applying/international/guide-for-applicants/html/e/ga_c4_2_12.html

Date retrieved: 17 May 2021

12 references found.

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EPC Implementing Rules

EPO Guide for Applicants, part II Int.

EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA

PCT Articles

PCT Implementing Rules

Offical Journal of the EPO