If the applicant has omitted to file a part of the description, the claims or the drawings of the international application or an entire element, i.e. (all of) the description or all of the claims, these parts and elements may be incorporated in the international application under the conditions set out in Rules 4.18 and 20 PCT. If all conditions are met, such incorporation will not affect the international filing date. This procedure may be summarised as follows:
Firstly, such incorporation requires that the omitted part(s) or element(s) be completely contained in an application from which the priority was (validly) claimed on the international filing date (see points 132 ff). The test for "completely contained" requires that the later filed missing part - e.g. a paragraph, a page or a drawing - be identical to the corresponding text/drawing in the priority document.
If the description and/or claims as contained in the earlier application do not qualify as "missing parts" on the grounds that the international application already contained a complete description and/or a complete set of claims, the EPO as receiving Office will proceed to a negative finding under paragraph 205D of the PCT Receiving Office Guidelines and will not transmit the international application to the International Bureau in accordance with Rule 19.4(a)(iii) PCT (205G(b) GL/RO).
An applicant wishing to add omitted parts or elements to an international application which have no basis in a claimed priority application may do so under the conditions set out in Rule 20.5 PCT. However, in that case the filing date of the application as a whole will be the date of filing of the missing parts or elements.
Date retrieved: 30 December 2018