The EPO may search for more than one invention for the same application.

The Board of Directors of the European Office of
Patents (EPO) has removed the impediment to carrying out additional searches to
those applications in the European regional phase (patent applications
European applications arising from PCT applications) to which lack of
unit of invention.

Under the current rules 164 and 135 EPC, if a
objection of lack of unity of invention to an application in the regional phase
European Union, the EPO only performs the prior art search of the
invention that appears mentioned first in the claims, for
which is why it is not possible to search for the rest of the inventions. Given the
Matter that has not been the subject of a search cannot be the subject of that search.
patent application, applicants interested in claiming the subject matter do not
sought, until now they had the only alternative to present a divisional request, with the additional costs that this entails since, among
other eventual costs, to submit the divisional application it is necessary
pay again all official fees paid up to that date for the
main application, including all accumulated annuities, which in
In some cases it can involve a significant cost.

La rule 164 EPC will be modified so that
will allow requesting additional searches in those cases in which the EPO
object to an application in the European regional phase lack of unity of invention.
The EPO will carry out a search for the first invention mentioned in the
claims and will give the applicant the option of, in a period of two
months, pay additional search fees for the rest of the inventions
not searched