5. Unity in relation to the search opinion 

Where the search division finds that the claimed invention lacks unity (Art. 82 and Rule 44(1) and Rule 44(2)), it will send the applicant an invitation to pay further search fees and a partial search report on the invention or unitary group of inventions first mentioned in the claims (see B‑VII, 1.1, B-VII, 1.2 and B-VII, 1.3 and Rule 64(1)). It will also send a provisional opinion on the patentability of that invention or unitary group of inventions and the reasons for its non-unity findings (see B‑VII, 1.2).

After the time limit for paying the further search fees has expired, (Rule 64(1)) the applicant will be sent a search report on the invention or unitary group of inventions first mentioned in the claims and all other claimed inventions or unitary groups of inventions for which further search fees were paid. This search report will be accompanied by a search opinion setting out:

(i)the reasoning behind the finding of a lack of unity 

(ii)an opinion on whether the first invention or unitary group of inventions mentioned in the claims is patentable 

(iii)an opinion on whether all inventions or unitary groups of inventions for which further search fees have been paid are patentable. 

For supplementary European search reports on Euro-PCT applications lacking unity of invention, the same procedure is followed (Rule 164(1) – see B‑VII, 2.3).