For international applications entering the European phase with an international search report established by an ISA other than the EPO, a supplementary European search is carried out by the search division in the cases listed in B‑II, 4.3.2. If the search division, during the supplementary European search, notes a lack of unity, B‑VII, 2.3 applies.[Art. 153(7); Rule 164(1); ]
The procedure before the examining division in such cases is described in E‑IX, 4.2. In brief, the examining division will proceed with the examination of that invention (or group of inventions) covered by the supplementary European search report which has been chosen by the applicant in response to the ESOP.
Date retrieved: 17 May 2021