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 20.6(a) and provided the missing part(s) and/or element(s) were completely contained in the priority document.[Rule 4.18; Rule 20.3; Rule 20.5; Rule 20.5bis; Rule 20.6; OJ EPO 2020, A36; OJ EPO 2020, A81; GL/ISPE 6.01; GL/ISPE 15.11; GL/ISPE 17.16A; GL/ISPE 18.07; GL/ISPE 22.27; ]
Similarly, if applicants appear to have erroneously filed (a) 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.
Such elements and/or parts are then considered to have been part of the application as originally filed, provided that they were notified to the ISA on time or the relevant additional fee was paid; see GL/PCT-EPO B-III, 2.3.3, B-III, 2.3.4, and B-XI, 2.1.
The examiner checks 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 H‑II, 2.2.2.2, for the impact on the IPER.
Source: http://www.epo.org/law-practice/legal-texts/html/guidelinespct/e/c_iii_2.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.EPO Guidelines - C Procedureal Aspects of Substantive Examination
EPO Guidelines - E General Procedural Matters
XGL E IX 2.9.4 Determination of filing date in the case of erroneously filed elements or parts of the international application
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
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
EPO PCT GL - G Patentability
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