Interactions Between Search and Examination Phases
The responsibility for establishing whether or not a European patent application meets the requirements of unity of invention ultimately rests with the examining division. Therefore, the findings of the search division —that the application lacks unity— may be contested before the examining division, during the examination phase. If successful and if further search fees had been paid during the search phase, the further search fees may be refunded. If successful and if further search fees had not been paid during the search phase, "the applicant is entitled as of right to have the whole subject-matter of his unitary invention searched".
Read more about this topic: Unity Of Invention Under The European Patent Convention
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