The procedures for dealing with cases which lack unity and where Rule 63 or Rule 62a applies are dealt with in B‑VIII, 3.4 and 4.5 respectively.

GL B VII 2.3 Supplementary European search

When in a supplementary European search following an international (PCT) search a problem of unity of invention arises, a partial supplementary European search report is drawn up on the invention or group of inventions first mentioned in the claims (see F‑V, 3.4) serving as basis for the supplementary European search (Rule 164(1)(a)), independently of the findings of the International Searching Authority as regards unity of invention.

GL B VII 2.2 Complete search despite of lack of unity

Exceptionally, in cases of lack of unity, especially "a posteriori", the search division is able to make a complete search and prepare a search opinion (where applicable - see B‑XI, 7) for all inventions with negligible additional work and cost, in particular when the inventions are conceptually very close. In those cases, the search for the further invention(s) is completed together with that for the invention first mentioned in the claims.

GL B VII 2.1 Request for refund of further search fee(s)

At the examination stage the applicant may contest the allegation of non-unity and request a refund of one or more of the further fee(s) paid. If the examining division finds this to be justified, the fee(s) in question will be refunded (see, however, B‑XI, 1.2).[Rule 64(2); Rule 164(5); ]

GL B VII 2 Procedures in cases of lack of unity

2.1 Request for refund of further search fee(s)

2.2 Complete search despite of lack of unity

2.3 Supplementary European search

GL B VII 1.4 Assessment and possible review of the unity requirement

At the search stage, the search division dealing with the question of unity applies the same criteria as in substantive examination (see F‑V).

GL B VII 1.3 Documents relevant only to other inventions

Whilst documents relevant only to other inventions may be retrieved during the search on the invention first mentioned in the claims, these are not necessarily included in the partial European search report.

GL B VII 1.2.3 The applicant has not paid all additional search fees

The applicant needs always to make clear for which inventions the additional search fees have been paid. Hence, in cases where the applicant pays some, but not all, of the additional requested search fees and fails to indicate for which inventions payments have been made, the search division will make efforts to find out which inventions are to be covered by (an) additional search/searches.

GL B VII 1.2.2 Cascading non-unity

If a lack of unity is raised at the search stage for an EP application, a search is conducted for the invention first mentioned in the claims (see F‑V, 3.4) and the applicant is invited to pay additional search fees.

GL B VIII – Subject-matter to be excluded from the search

GL B VII 3 Lack of unity and Rule 62a or Rule 63