Guidelines for Examination
PART B
CHAPTER XII THE SEARCH OPINION
6. Unity in relation to the search opinion
 

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PART B
CHAPTER XII THE SEARCH OPINIONCHAPTER XII THE SEARCH OPINION
  5. Matters of doubt in the state of the art5. Matters of doubt in the state of the art     7. The search opinion in cases of a limitation of the search7. The search opinion in cases of a limitation of the search  
 

6.

Unity in relation to the search opinion

 

Where the Search Division finds that the claimed invention does not meet the requirement of unity of invention (Art. 82 and Rule 30(1) (2)), the Search Division sends the applicant an invitation to pay additional search fees and the partial search report relating to the invention or unitary group of inventions first mentioned in the claims (see VII, 1.1, VII, 1.2 and VII, 1.3 and Rule 46(1)). The invitation and partial search report are not accompanied by a search opinion.

 

After the time limit for payment of the additional search fees has expired, (Rule 46(1)) the applicant is sent a search report relating to the invention or unitary group of inventions first mentioned in the claims and all other claimed inventions or unitary groups of inventions in respect of which additional search fees have been paid. This is accompanied by a search opinion containing:

 

(i) the reasoning behind the lack of unity

 

(ii)

an opinion on the first invention or unitary group of inventions mentioned in the claims

 

(iii)

an opinion on all inventions or unitary groups of inventions in respect of which additional search fees have been paid

 

The above applies equally to European search reports and European supplementary search reports.