PCT AG-IP 6.031 What are the effects of the successful incorporation of missing elements or parts on designated or elected Offices?

Rule 20.8(c) 82ter.1

6.031.   What are the effects of the successful incorporation of missing elements or parts on designated or elected Offices?  In most Contracting States, the elements or parts will be treated as if they had actually been contained in the international application as originally filed.  Designated and elected Offices may, to a limited extent, review decisions by receiving Offices which have allowed incorporation by reference (Rule 82ter.1(b)).  If the designated or elected Office finds that:  the applicant did not comply with its obligation to furnish a priority document;  the statement of incorporation was missing or not submitted with the request;  no written notice confirming incorporation by reference was submitted;  no required translation was furnished;  or the element or part in question was not completely contained in the priority document;  then the designated or elected Office may treat the international application as if the international filing date had been accorded on the basis of the date on which the sheets containing the missing elements or parts were submitted, but only after giving the applicant the opportunity to make observations on this outcome and/or to request that, at least, the missing parts which had been furnished be disregarded, in accordance with Rule 82ter.1(d).

 

However, those designated Offices which have submitted notifications of incompatibility under Rule 20.8(b), may treat the international application as if the international filing date had been accorded on the basis of the date on which the sheets containing the missing elements or parts were submitted, but also only after having given the applicant the opportunity to make observations on this outcome and/or to request that, at least, the missing parts which had been furnished be disregarded, pursuant to Rule 20.8(c).

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

Date retrieved: 24 November 2017

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PCT Implementing Rules

PCT Applicant's Guide - International Phase