In the case of PCT applications, missing drawings and parts of the description, but also missing claims, may have been filed at the receiving Office for international applications under Rule 20.5 and 20.6 PCT, and its finding can be reviewed in accordance with Rule 82ter.1 PCT. The examining division will review this finding in all cases in which the filing date was retained on the basis of the "completely contained" requirement using the same criteria as applied when assessing compliance with Rule 56(3) EPC (see A‑II, 5.4.2).
If either the EPO acted as the ISA or a supplementary EESR has been issued, this review will normally have been initiated at the search stage (see B‑III, 3.3.1, and B‑XI, 2.1). However, it can still be done for the first time during substantive examination. The procedure is the same as for European applications (see C‑III, 1.1.1).
Date retrieved: 24 November 2017
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EPC Implementing Rules
EPO Guidelines - A Formalities Examination
EPO Guidelines - B Search
XGL B XI 2.1 Applications containing missing parts of description and/or drawings filed under Rule 56 EPC or Rule 20 PCT