What changes does the EPC 2000 entail with regard to international applications entering the regional phase before the EPO which do not meet the requirements of unity of invention?
The possibility under Rule 112 EPC 1973 of having several inventions searched in a single application by paying further search fees was deleted in the new version of the corresponding Rule 164 EPC 2000. The EPC 2000 establishes two possible scenarios for international applications entering the regional phase before the EPO. (a) The EPO draws up a supplementary search report: Where the EPO considers that the application documents which are to serve as the basis for the supplementary search do not meet the requirements of unity of invention, a supplementary search report will be drawn up on those parts of the application which relate to the invention, or group of inventions, first mentioned in the claims (see Rule 164(1) EPC 2000). Under the EPC 2000, therefore, the applicant will no longer have the option in the European phase of obtaining search reports on further inventions by paying further search fees. If the examining division concurs with the view of the search examiner, it will t
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