GL-PCT C III 2 Sheets filed under Rule 20.6 containing missing parts or elements or correct parts or elements

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.
See also GL/EPO C-III, 1.3, and GL/EPO E-IX, 2.9.4, for the effect on the European phase.

14 references found.

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EPO Guidelines - C Procedureal Aspects of Substantive Examination

EPO Guidelines - E General Procedural Matters

EPO PCT GL - B Search

EPO PCT GL - C Procedureal Aspects Chapter II

EPO PCT GL - G Patentability

EPO PCT GL - H Amendments and Corrections

PCT Implementing Rules

Offical Journal of the EPO