4. Procedure in the case of lack of unity during search
4.2 Consequences for the applicant
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A revised version of this publication entered into force. |
There is no obligation for applicants to pay any additional fee.
However, subject-matter that has not been searched will not be examined by the examining division (G 2/92). Hence, it cannot be prosecuted in an independent claim.
If the lack of unity persists also in examination after the claims have been amended, the excision of the non-searched subject-matter from the application may be necessary (see C‑III, 3.2 C‑III, 3.3 and F‑IV, 4.3).
Non-searched subject-matter can always be prosecuted in a divisional application.