If applicants omit to file part(s) of the application and/or (an) entire element(s) thereof (i.e. all of the description and/or all of the claims), they may still furnish it (them) at a later date without affecting the international filing date, subject to the requirements of Rules 4.18 and Rule 20.6(a) and provided the missing part(s) and/or element(s) was (were) completely contained in the priority document.[Rule 20.5; GL/ISPE 15.11; ]
Similarly, if applicants appear to have erroneously filed part(s) of the application and/or (an) entire element(s) thereof (i.e. all of the description and/or all of the claims), they may still furnish the correct part(s) and/or element(s) at a later date without affecting the international filing date, subject to the requirements of Rules 4.18 and 20.6(a) and provided the correct part(s) and/or element(s) were completely contained in the priority document.[Rule 20.5bis; OJ EPO 2020, A36; OJ EPO 2020, A81; ]
The notification of incompatibility filed by the EPO as RO regarding Rule 20.5bis(a)(ii) and (d) (see GL/PCT-EPO A-II, 6) does not have any impact on the activity of the EPO as ISA, which depends on the decisions taken by the RO with regard to the international application and its filing date. Therefore, in cases where the international application was corrected by the RO under Rule 20.5bis, the EPO as ISA will establish the written opinion on the basis of the international application including the correct element(s) and/or part(s) if:
The examiner must check (as far as the documents needed are available) whether the RO's assessment of the "completely contained" criterion was correct (see GL/PCT‑EPO H‑II, 2.2.2). See also GL/PCT‑EPO B‑III, 2.3.3, and GL/PCT‑EPO H‑II, 2.2.2.2, for the impact on the search report and WO‑ISA.
Source: http://www.epo.org/law-practice/legal-texts/html/guidelinespct/e/b_xi_2_1.htm
Date retrieved: 17 May 2021
14 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 - A Formalities Examination
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 III 2.3.4 Correct elements or parts notified after the start of the search and additional fee
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