GL F V 7.4 Restricted IPER

If the EPO has established an IPER on the application and the applicant wishes to obtain protection pertaining to claims which were not the subject of this IPER because they were not searched during the international phase in consequence of an objection of lack of unity, the applicant can decide to have such claims searched in response to the invitation to pay additional search fees under Rule 164(2) and choose them for further prosecution. Alternatively, the applicant can decide to file one or more divisional applications for the inventions not searched, provided that, when a divisional application is filed, the application being divided is still pending (see A‑IV, 1.1.1).[Art. 76; Rule 164(2); ]

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EPC Articles

EPC Implementing Rules

EPO Guidelines - A Formalities Examination

EPO Guidelines - F The European Patent Application