If the applicant requests within the time limit under Rule 20.7 that a correct element or part be incorporated by reference, the EPO as receiving Office will transmit the international application to the IB as receiving Office, provided the applicant authorises it to do so. No fee will be charged under Rule 19.4(b) for such transmittal. Unless the applicant has already submitted authorisation to transmit the international application, the EPO as receiving Office will invite the applicant to do so using Form PCT/RO/152.[R. 19.4(a)(iii); R. 20.5bis(a)(ii); (d); R. 20.8(a-bis); ]
If the applicant does not authorise the transmittal, the request will be treated as a request for correction under Rule 20.5bis(b) or (c). The EPO as receiving Office will therefore follow the procedure outlined in GL/PCT-EPO A-II, 6.1.
Source: http://www.epo.org/law-practice/legal-texts/html/guidelinespct/e/a_ii_6_2.htm
Date retrieved: 17 May 2021
5 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.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