If the international application contains an erroneously filed element (description or claims) or an erroneously filed part of the description, claims or drawings (including the case where all the drawings have been erroneously filed), the applicant may correct the international application by furnishing the correct element or part under Rule 20.5bis.[R. 20.5bis; ]
According to that rule, which entered into force on 1 July 2020, the applicant may request to either[OJ EPO 2020, A81; ]
At the EPO, however, this latter option is not possible since this procedure is incompatible with the current legal framework under the EPC. The EPO as receiving Office has therefore notified the IB of this incompatibility under Rule 20.8(a-bis). See GL/PCT-EPO A-II, 6.2.
For details on the procedure before the EPO as International Searching Authority, see GL/PCT-EPO B‑III, 2.3.3. For the procedure before the EPO as designated or elected Office, see GL/EPO C-III, 1.3.
Source: http://www.epo.org/law-practice/legal-texts/html/guidelinespct/e/a_ii_6.htm
Date retrieved: 17 May 2021
10 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPO Guidelines - C Procedureal Aspects of Substantive Examination
EPO PCT GL - A Formalities Examination
XGL-PCT A II 6.1 Correct element or part not furnished for the purpose of incorporation by reference
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 - H Amendments and Corrections
XGL-PCT H II 2.2.2 Incorporating missing or correct parts or elements completely contained in the priority document