Lack of Unity

Date Published

In general, examiners are expected to conduct a search and opinion in respect of the first claimed invention only and any other invention(s) that under the PCT would be searched without issuing an invitation to pay additional fees (see Issuing the Invitation to Pay Additional Search Fees and PCT International Search and Preliminary Examination Guidelines Chapter 10, parts 10.64 – 10.65).

However, where the three person team conclude that the first claimed invention does not reflect the ‘main’ invention disclosed in the specification, the case should be referred to a supervising examiner.  Where the supervising examiner is in agreement, the examiner should phone the attorney/applicant to discuss the lack of unity and seek clarification of the claims to be searched.  A record of any conversation must be placed on file.