Guide for Applicants - Part 2:How to get a European patent: D. The EPO as an International Preliminary Examining Authority (IPEA) - PCT Chapter II, II. The international preliminary examination procedure before the EPO as an IPEA, Unity of invention

Guide for Applicants - Part 2
How to get a European patent

D / E

How to get a European patent

A. General overview

B. The EPO as a PCT receiving Office

C. The EPO as an International Searching Authority

D. The EPO as an International Preliminary Examining Authority

E. Euro-PCT procedure before the EPO as a designated or elected Office

Annexes

Guide for Applicants - Part 2

D. The EPO as an International Preliminary Examining Authority (IPEA) - PCT Chapter II

C. The EPO as an International Searching Authority (ISA) - PCT Chapter I

E. Euro-PCT procedure before the EPO as a designated (PCT Chapter I) or elected (PCT Chapter II) Office

II. The international preliminary examination procedure before the EPO as an IPEA

Unity of invention

What must be done after receipt of IPRP Chapter II?

Unity of invention

152

Where the EPO as IPEA considers that the international application lacks unity of invention, it will invite the applicant either to restrict the claims in order to meet this requirement or, to the extent that the inventions have been searched, to pay additional preliminary examination fees. In the latter case, the applicant may pay the additional fees under protest. The rest of the procedure is the same as the protest procedure before the EPO as an ISA (see point 100). Where applicable, the EPO as IPEA will base the examination on the results of any review or protest procedure, if available, before establishment of the IPER.

Art. 34(3) PCT

R. 68.2, 68.3(c) PCT
GL/EPO E-IX, 5.2

153	Claims relating to inventions in respect of which no international search report has been established will not be the subject of international preliminary examination by the EPO as IPEA (see point 147).

R. 66.1(e) PCT