GL B VIII 4.5 Applications to which Rule 62a applies which also lack unity

Cases will arise where the application does not comply with Rule 43(2) (see B‑VIII, 4.1, and F‑IV, 3.2) and the application also lacks unity of invention according to Art. 82 and Rule 44.

GL B VIII 4.4 Cases under Rule 62a where claims fees are not paid

If an independent claim has been deemed to be abandoned under Rule 45(3) or Rule 162(4) as a result of the non-payment of claims fees (see A‑III, 9), the applicant cannot indicate this claim for search in response to the invitation under Rule 62a(1), because no search is conducted on such a claim (see B‑III, 3.4).

GL B VIII 4.3 The content of the extended European search report (EESR)

The search opinion will invite the applicant to limit the application to claims which have been searched (Rule 62a(2)). Furthermore, if in response to the invitation under Rule 62a(1) the applicant disputes the finding under Rule 43(2) (see B‑VIII, 4.2), but the search division is not convinced by the applicant's argumentation, it will indicate why this is the case in the search opinion, as appropriate.

GL B VIII 4.2.2 Reply filed in time

If applicants reply to the invitation under Rule 62a(1), indicating an independent claim in a particular category which they wish the EPO to search, the EPO will conduct the search based on this claim.

In reply to this invitation, the applicant may also indicate more than one independent claim in the same category for search, where these fall within the exceptions provided for in Rule 43(2) (see

GL B VIII 4.2.1 Failure to reply in time

If the applicant fails to provide the above indication in due time, the search will be carried out on the basis of the first claim in each category. In either case a search report will be drawn up accordingly. This limitation of the search has consequences in examination (see H‑II, 5 and 6.1).

GL B VIII 4.2 Reply to the invitation under Rule 62a(1)

4.2.1 Failure to reply in time

4.2.2 Reply filed in time

GL B VIII 4.1 Invitation to indicate which independent claim to search

If the European Patent Office considers that the claims as filed do not comply with Rule 43(2) (see F‑IV, 3.2), it may invite the applicant to indicate, within a period of two months, claims complying with Rule 43(2) on the basis of which the search is to be carried out.

GL B VIII 4 More than one independent claim per category ( Rule 62a )

4.1 Invitation to indicate which independent claim to search

4.2 Reply to the invitation under Rule 62a(1)

4.3 The content of the extended European search report (EESR)

4.4 Cases under Rule 62a where claims fees are not paid

GL B VIII 3.4 Applications to which Rule 63 applies which also lack unity

Cases will arise where the application does not comply with the EPC to such an extent that it is impossible to carry out a meaningful search into the state of the art on the basis of some of the subject-matter claimed (B‑VIII, 1, 2 and 3) and where the application also lacks unity of invention according to

GL B VIII 3.3 The content of the extended European search report (EESR)

The two components of the EESR, the search report (or the declaration replacing it) and the search opinion, will indicate the reasons why it was not considered possible to conduct a meaningful search in respect of some or all of the claimed subject-matter according to Rule 63 and will indicate the subject-matter which was searched, if any, as determined according to the procedures given in B‑VIII, 3.2.