GL-PCT B VIII 3.6 Combination of an incomplete search and lack of unity

The requirements of unity of invention and the requirements of Art. 17(2)(a)(ii) are separate requirements. However, it is possible that an application both violates the requirements of clarity, disclosure, support or conciseness to such an extent that a meaningful search cannot be carried out, and lacks unity. In that case, the examiner can combine an incomplete search and a finding of non-unity.

GL-PCT B VIII 3.5 The content of the WO‑ISA after an invitation for informal clarification and/or in case of a restriction of the search

Generally, a restriction of the search will not always be indicated in the international search report. Rather the extent of the search as well as the reasons for the restriction will in many cases only be indicated in the WO‑ISA, as explained below. The opinion given is normally restricted to what has actually been searched.[Art. 17(2)(b); ]
If after clarification a complete search can be made, the ISR will be designated as complete.

GL-PCT B VIII 3.4.1 Failure to reply in time or no reply

If the applicant does not reply within the set time limit to the invitation for informal clarification, the examiner will prepare the search report and WO‑ISA to the extent possible without the requested clarification.
If the applicant replies after the time limit has expired, and the search report has not yet been established, the reply should be taken into account; if the search report has already been established the reply will not be taken into account

GL-PCT B VIII 3.3 Informal clarification

Where the description, claims or drawings fail to comply with a requirement, such as clarity or support of the claims by the description, to such an extent that no meaningful search can be made, the examiner may informally contact the applicant to clarify specific aspects of the application before the search is carried out. Such informal clarification may help the examiner to focus the search better. It is highly recommended to invite the applicant to provide such informal clarification before issuing an incomplete ISR or a declaration of no search.

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