PCT AG-NP 6.012 Will pages which have been accepted as incorporated by reference by the receiving Office be accepted by the designated or elected Office?

Rule 82ter.1

6.012.  Will pages which have been accepted as incorporated by reference by the receiving Office be accepted by the designated or elected Office?  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 or arrange for the furnishing of 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 furnished;  or the element or part in question was not completely contained in the priority document, 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 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, in accordance with Rule 82ter.1(d).  Similarly, those designated Offices which have submitted notifications of incompatibility under Rule 20.8(b) (see International Phase, paragraph 6.027) may also treat the international application as if the international filing date had been accorded without the benefit of the incorporation by reference 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=np06.html

Date retrieved: 02 November 2015

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PCT Implementing Rules

PCT Applicant's Guide - International Phase