GL-PCT C V 3.1 Payment of additional search fees without protest

If, in reply to the objection to lack of unity at the search stage, the applicant has paid additional search fees without protest, and the application still lacks unity, the objection indicated on Form 206 and in the WO‑ISA will normally be confirmed, where necessary adapted to the amendments/arguments filed by the applicant.

Form 405 is sent out, requesting additional examination fees only for those inventions which have been searched and which are still present in the claims.[Art. 34(3)(a);

GL-PCT C V 3 Searched claims did not comply with unity of invention

3.1 Payment of additional search fees without protest

3.2 Payment of additional search fees under protest

3.3 No request for payment of additional search fees

GL-PCT C V 2 No payment of additional search fees

If, in reply to the objection to lack of unity at the search stage, the applicant has not paid additional search fees, the WO-IPEA/IPER is based on the claims for which the search report and the WO‑ISA have been drafted, taking amendments and arguments from the applicant into account. Section IV is not filled out.

GL-PCT C V 1 Unity of invention under Chapter II

If an invitation to pay additional fees was issued during Chapter I and the applicant paid some or all of the required additional fees, and if, where applicable, the objection as to lack of unity was at least partly upheld during a protest procedure, then under Chapter II the applicant will normally be invited (using Form 405) to pay additional examination fees if all the searched inventions are also to be examined under Chapter II.

GL-PCT C V – Unity of invention

1. Unity of invention under Chapter II

2. No payment of additional search fees

3. Searched claims did not comply with unity of invention

4. Applicant's reply to the invitation to pay additional fees (Form 405)

5. Protest procedure

GL-PCT C IV 5.4 Intended positive IPER and top-up search

If a positive WO‑ISA was drafted or the objections in the negative WO‑ISA have been overcome by the applicant's amendments/arguments, and if the top-up search reveals:

(a)no relevant documents, a positive IPER is issued directly.

(b)pertinent prior art published before the

GL-PCT C IV 5.3 Documents newly found in the top-up search, when further objections are present

If the top-up search reveals pertinent prior art, according to present practice a WO-IPEA or a telephone consultation is the first action in Chapter II (see GL/PCT‑EPO C‑IV, 2.2).

GL-PCT C IV 5.2 Exemptions from top-up search

As a general rule, a top-up search will be conducted for all the claims forming the basis for the Chapter II examination, as indicated in boxes I and III of the WO/IPER.[GL/ISPE 19.15; ]

A top-up search is not conducted on:[Rule 66.1ter; ]

(a)

GL-PCT C IV 5.1 Timing, basis and forms

The top-up search will be conducted before/at the same time as issuing the first WO-IPEA (Form 408)/telephone consultation or, where no written opinion is produced, the IPER (Form 409) (approximately within a month of the start of international preliminary examination).

GL-PCT C IV 5 Top-up searches in PCT Chapter II

A top-up search is mandatory at the outset of PCT Chapter II, subject to some exceptions (see GL/PCT‑EPO C‑IV, 5.2).