4. Applicant's reply to the invitation to pay additional fees (Form 405)
4.1 No payment of additional examination fees or failure to reply
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A revised version of this publication entered into force. |
If, in reply to the invitation in Form 405, the applicant neither restricts the claims nor pays additional examination fees, or if the applicant does not reply, the WO‑IPEA/IPER is established on the basis of the main or first invention mentioned in the invitation to pay additional fees (Form 405) and for which the search fee has been paid. Section IV is filled out and the reasons for lack of unity are given on the separate sheet.
If, in reply to the invitation in Form 405, the applicant restricted the claims, the examiner has to check whether the restricted set of claims is unitary and whether all claims relate to searched subject-matter.
If this is the case, the WO‑IPEA/IPER is established on the restricted set of claims, and Section IV is not filled out.
If this is not the case, the WO‑IPEA/IPER is established on the main or first invention mentioned in Form 405 and for which the search fee has been paid; Section IV is filled out, and any claims relating to non-searched subject-matter are indicated in Section III.