Where the EPO does not perform a supplementary search, the application must be limited to an invention searched either in the international phase by the EPO or in the European phase in a search under Rule 164(2)(a). The above principles (H‑II, 7.1, to H‑II, 7.3) then apply mutatis mutandis (see also E‑IX, 4.2).
In Rule 164(2) cases, a further communication according to Art. 94(3) and Rules 71(1) and Rule 71(2) repeating a lack of unity objection is not necessary, as a communication according to Art. 94(3) and Rule 71(1) and Rule 71(2) addressing (also) unity of invention has already been issued under Rule 164(2)(b) (see also H‑II, 2.3, and H‑II, 7.2).
Date retrieved: 17 May 2021