6.2.4 Unity of Invention

Also in this Chapter:

• 6.2.1 Procedural Outline International Type Search Report

• 6.2.2 Introduction - International Type Searching

• 6.2.3 Classification and Search Indication​​​​​​​

• 6.2.5 Subjects to be Excluded from the Search

• 6.2.6 Obscurities, Inconsistencies or Contradictions

• 6.2.7 Abstract and Title

• 6.2.8 Search Report

• 6.2.9 Completing Search Report and Opinion Form

• 6.2.10 Annexes

Key Legislation:

​​​​​​​Patent Regulations:

• Reg 3.14A Request for international-type search relating to provisional application

• Schedule 7 Fees

Related Chapters:

• 3.2 Customer Service Charter (Timeliness Standards)

• 6.1.4.1 Unity of Invention

• RIO Requesting a Search Statement

On this Page

• Introduction

• Procedure

  • Reporting on lack of unity and inviting a search statement

  • Applicant response

  • Partial waiver of filing fee

  • Time limits

• Process flowchart

Introduction

An international-type search may be established on one invention only for each fee that is paid (Schedule 7, Part 2, Item 236).

The examiner will consider the question of unity of invention in the same way as for a normal international search (see 6.1.4.1 Unity of Invention) and the following procedure applies.

Procedure

A flow chart detailing the following procedure is provided at the bottom this page.

Reporting on lack of unity and inviting a search statement

1. If the examiner considers there is lack of unity, the examiner gets approval of the Supervising Examiner.

2. The examiner will write a letter to the applicant advising that the application does not comply with the requirements of unity of invention. The letter:

   • Gives reasons for lack of unity.

   • Invites the applicant to indicate which invention they want to be searched.

   • Advises that the office is prepared to search one or more of the other inventions upon payment of a 15(5) search fee for each invention for which a search is required.

See RIO Requesting a Search Statement for guidance on requesting a search statement due to Lack of Unity.

3. The Supervising Examiner will receive a QA task indicating their approval for the Requested additional search fees.

Applicant response

4. No further action is to be taken by the examiner until a reply has been received from the applicant. 

5. If no reply is received within one month, RIO will automatically send out monthly reminders.

6. The basis of any search actually conducted will be indicated on the first sheet of the report (see Annex C).

Partial waiver of filing fee

The letter will advise the applicant that although IP Australia is unable to refund the fee paid for the filing of the request under regulation 3.14A (see IP Australia's Refund Policy), the applicant may request a partial waiver of the fee. Such a request will be considered in light of the particular circumstances and will not generally exceed 50% of the applicable fee. Upon a request of a partial waiver of fee being made, the case will be referred to Assistant General Manager (ELEC) for consideration.

Time limits

See Customer Service Charter (Timeliness Standards) for time limits to issue the international-type search report.

Process flowchart