The RO may notify the ISA of correct part(s) and/or element(s) after the ISA has begun to draw up the international search report. In such cases, the EPO as ISA will invite the applicant to pay an additional fee equal to the search fee within one month of the date of the invitation (Form 208) (Rule 40bis.1 and Article 2(1) RFees).[OJ EPO 2020, A36; OJ EPO 2020, A81; ]
If the EPO as ISA is notified of correct element(s) and/or part(s) after the search has started but before its completion and the additional fee is paid, the EPO will also complete the already initiated search and issue a non-official international search report and written opinion based on the international application as initially submitted. However, the non-official international search report and written opinion are issued only for the benefit of the applicant and any designated Offices which have given notice under Rule 20.8(b-bis) of an incompatibility. They therefore do not constitute the international search report under Rule 43 and written opinion under Rule 43bis.
Source: http://www.epo.org/law-practice/legal-texts/html/guidelinespct/e/b_iii_2_3_4.htm
Date retrieved: 17 May 2021
13 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Rules relating to Fees
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
PCT Implementing Rules
XR.40bis PCT Additional Fees in Case of Missing Parts or Correct Elements and Parts Included in the International Application or Considered to Have Been Contained in the International Application