PCT AG-IP 6.028 How should missing elements or parts be incorporated by reference into the international application?

Rule 4.18

6.028.   How should missing elements or parts be incorporated by reference into the international application?  A statement of incorporation by reference referred to in Rule 4.18 must have been included in the international application on the date when one or more elements referred to in Article 11(1)(iii) are first received by the receiving Office.  Such a statement is automatically included if Form PCT/RO/101 or PCT-SAFE is used to file the international application.  If such a statement was not contained in the request at the time of filing, it can only be added to the request if it was otherwise contained in, or submitted with, the international application on the date of filing.  Furthermore, one or several priority claims to earlier applications which completely contain the missing element or part must have been made in the international application at the time of filing.  Adding such priority claims under Rule 26bis.1(a) would not be sufficient.  If these requirements have been met, the applicant should confirm the incorporation by reference by way of a written notice to the receiving Office within the time limit indicated below.  Such notice should be accompanied by:


     – a sheet or sheets embodying the entire element or part as contained in the earlier application;


     – where the applicant has not already complied with the requirements of Rule 17.1(a), (b) or b-bis, a copy of the earlier application as filed;


     – where Rule 20.6(a)(iii) applies, a translation or translations of the earlier application;  and


     – in the case of a missing part, an indication as to where the missing part is contained in the earlier application and, where applicable, in any translation of the earlier application.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip06.html

Date retrieved: 02 November 2015

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