PCT AG-IP 6.038 Can defects in priority claims be corrected?

Rule 26bis.1(a)
26bis.2(b)

6.038.   Can defects in priority claims be corrected?  Any defective priority claim may be corrected and any missing priority claim added by a notice which may be submitted to the receiving Office or the International Bureau.  The time limit for correcting or adding a priority claim is 16 months from the priority date or, where the correction or addition would cause a change in the priority date, 16 months from the priority date as so changed, whichever 16 month period expires first, provided that a notice correcting or adding a priority claim may in any event be submitted until the expiration of four months from the international filing date.  If a correction of a priority claim is received before the receiving Office or the International Bureau, as the case may be, declares the priority claim void (see paragraph 6.043) and not later than one month after the expiration of the applicable time limit, it is considered to have been received before the expiration of that time limit.  To correct a priority claim, any indication relating to that priority claim may be changed, added or deleted.

6.039.   Where the applicant has made a request for early publication of the international application, any notice to correct or add a priority claim received by the receiving Office or the International Bureau after that request was made will be considered not to have been submitted, unless that request is withdrawn before the technical preparations for international publication have been completed.

Rule 26bis.1(c)

6.040.   Where the correction or addition of a priority claim causes a change in the priority date, any time limit which is computed from the previously applicable priority date and which has not already expired will be computed from the priority date as so changed.

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