If the missing or correct part(s) and/or element(s) was (were) indeed completely contained in the priority document, the examiner will treat the file as having the filing date accorded by the RO. The examiner will proceed in the same way where unable to check whether the missing or correct part(s) and/or element(s) was (were) indeed completely contained in the priority document because, at the time of the search or the preliminary examination, the priority document(s) or any other document needed (i.e. the subsequently filed sheet(s) embodying the missing or correct part(s)/element(s) or the translation of the priority document) is (are) not available to the ISA or IPEA. If the documents needed for the check are not available, this will be indicated in the WO‑ISA/IPER, in Section I of the separate sheet. [Rule 20.5(a)(ii); Rule 20.5(d); Rule 20.5bis(a)(ii); Rule 20.5bis(d); OJ EPO 2020, A81; GL/ISPE 15.11; ]
If the missing or correct part(s) and/or element(s) was (were) not completely contained in the priority document, the decision on the filing date made by the RO is still valid for the international phase. However, the examiner will indicate in the WO‑ISA/IPER in Section I of the separate sheet that there are doubts as to whether the missing or correct part(s) and/or element(s) was (were) actually completely contained in the priority document. The search report and the WO‑ISA or the IPER, as applicable, will also include documents which would be relevant if the application were to be redated (see GL/PCT‑EPO B‑III, 2.3.3).
A review of the decision by the RO can only take place in the regional phase (Rule 82ter.1(b)).
After entry into the regional phase before the EPO (Euro-PCT phase) the applicant can withdraw the subsequently filed missing or correct parts and/or correct elements in order to avoid the redating of the application. In this case, it should be noted that amendments which are acceptable under the less strict criterion of Art. 123(2) EPC can always be filed during the Euro-PCT phase.[Rule 82ter.1(d); ]
Source: http://www.epo.org/law-practice/legal-texts/html/guidelinespct/e/h_ii_2_2_2_2.htm
Date retrieved: 17 May 2021
9 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
EPO PCT GL - B Search
XGL-PCT B III 2.3.3 Incorporating missing parts or elements , or correct parts or elements, completely contained in the priority document
XGL-PCT B XI 2.1 Applications containing missing parts or elements , or correct parts or elements, incorporated by reference
EPO PCT GL - C Procedureal Aspects Chapter II
XGL-PCT C III 2 Sheets filed under Rule 20.6 containing missing parts or elements or correct parts or elements
EPO PCT GL - H Amendments and Corrections
XGL-PCT H II 2.2.2 Incorporating missing or correct parts or elements completely contained in the priority document