|
2.4
|
Supplementary European search
| |
|
|
When in a supplementary European search following an international (PCT) search a problem of unity of invention arises, the Search Division should avoid whenever possible deviations from the position taken during the international phase, except where:
|
|
Art. 157(2)(a)
|
|
(i)
|
the claims were amended before the supplementary European search is carried out (Art. 19 PCT, Art. 34(2)(b) PCT, Rule 107(1)(b), Rule 109) in such a way as to give rise to a lack of unity of invention not present in the claims during the international phase;
| |
|
|
(ii)
|
the interpretation of the requirement of unity of invention (Rule 13.1 - 13.3 PCT) during the international phase (by the International Searching Authority, Art. 17(3) PCT, and/or the International Preliminary Examining Authority, Art. 34(3) PCT) was clearly inappropriate; or
| |
|
|
(iii)
|
the supplementary European search reveals one or more documents, not available during the international phase, which lead(s) to an a posteriori lack of unity of invention (see C-III, 7.6 and C-III, 7.8 ).
| |
|
|
Any search fee which has been paid under Rule 112 or Rule 46(1) due to lack of unity is refunded if, during the examination of the European patent application by the Examining Division, the applicant requests a refund and the Examining Division finds that the request for the payment of search fees was not justified (see, however, XII, 1.2).
|
|
Rule 112
Rule 46(2)
|
|
CHAPTER VII UNITY OF INVENTION
2.3 Complete search despite of lack of unity
