6.1.4.12 Completing the Search Report

Also in this Chapter:

• 6.1.4.1 Unity of Invention Background

• 6.1.4.2 Determining Lack of Unity

• 6.1.4.3 Combinations of Different Categories of Claims

• 6.1.4.4 Markush Practice

• 6.1.4.5 Intermediate and Final Products in Chemical Applications

• 6.1.4.6 Biotechnological Inventions

• 6.1.4.7 Single General Inventive Concept

• 6.1.4.8 A Priori and A Posteriori Lack of Unity

• 6.1.4.9 Issuing the Invitation to Pay Additional Search Fees

• 6.1.4.10 Unsupported, Unclear, Long and/or Complex Claim Sets with Clear Lack of Unity

• 6.1.4.11 Payment of Additional Search Fees Under Protest

• 6.1.4.13 Time for Completing the Search Report

• 6.1.4.14 Reported Decisions on Unity

• 6.1.4.15 Other Decisions from the EPO

Key Legislation:

Regulations under the PCT:

• Rule 43.7 Remarks Concerning Unity of Invention​​​​​​​​​​​​​​

Related Chapters:

• 6.3.8.5 Box IV Unity of Invention

• Annex F

• RIO and Intelledox - Processing PCT Tasks - Box IV

The international search report is completed to clearly establish the extent of the search actually performed.

Where lack of unity has been found, item 3 of the first sheet and Box III of the search report is to be completed, irrespective of whether an invitation to pay additional search fees has issued.

Where lack of unity is found and certain claims are found unsearchable, irrespective of whether an invitation to pay additional search fee has issued:

• complete item 2 and item 3 of the first sheet

• complete Box II and III of the search report.  

See 6.3.8.5 Box IV Unity of Invention, in regard to the completion of the International Search Opinion in respect of lack of unity (Rule 43.7).

The search report must indicate:

• the separate inventions present in the claims

• whether additional search fees were requested and paid

• which claims were searched. 

The search report should also indicate whether any additional search fees were accompanied by a protest.

See Annex F for examples of search reports for the situation where unity of invention is lacking.