What happens if an International Searching Authority finds a lack of unity of invention?
If an International Searching Authority (ISA) determines that an international application does not comply with the requirement of unity of invention, it may request additional fees from the applicant. According to MPEP 1840:
“If the selected ISA considers that the international application does not comply with the requirement of unity of invention as set forth in PCT Rule 13, the ISA may invite applicants to timely pay directly to it an additional search fee in the currency accepted by the ISA for each additional invention.”
This means that if multiple inventions are found in a single application, the ISA may require the applicant to pay additional fees to cover the cost of searching each separate invention. The additional fees must be paid directly to the ISA in the currency they accept, and within the timeframe specified in the invitation to pay additional fees.
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