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 130 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.
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: 24 November 2017