GL-PCT H II 2.2.4 Priority documents

It is not permissible to add to an international application matter present only in the priority document for that application, unless this is done under the provisions of Rule 20.6 (GL/PCT‑EPO H‑II, 2.2.2). For correction of errors, see GL/PCT‑EPO H-IV.

GL-PCT H II 2.2.3 Sequence listings filed after the date of filing

Any sequence listing not contained in the international application as filed will – if not allowable as an amendment under Article 34 – not form part of the international application. [Rule 13ter.1(c); ]

See GL/PCT‑EPO B‑VIII, 3.2, for the effect on the search and GL/PCT‑EPO B‑XI, 7, for the effect on the WO‑ISA.

GL-PCT H II 2.2.2.2 Review by the examiner

If the missing or correct part(s) and/or element(s) was (were) indeed completely contained in the priority document, the examiner will treat the file as having the filing date accorded by the RO.

GL-PCT H II 2.2.2.1 Test for "completely contained"

The test for "completely contained" is stricter than the test for added subject-matter since it is a test whether the subsequently filed missing or correct part(s) and/or element(s) was (were) identical to the corresponding extract in the priority document, or a translation thereof.[Rule 20.5(a)(ii); Rule 20.5(d); Rule 20.5bis(a)(ii)

GL-PCT H II 2.2.2 Incorporating missing or correct parts or elements completely contained in the priority document

If the applicant files (a) missing or correct part(s) (i.e. part(s) of the description, part(s) of the claims and/or part(s) or all of the drawings) and/or (a) missing or correct element(s) (i.e. all of the description and/or all of the claims), the filing date of the application as a whole will be the date on which the part(s) and/or the element(s) was (were) subsequently furnished, unless the RO accepted the incorporation by reference of the missing or cor

GL-PCT H II 2.2.1 Features described in a document cross-referenced in the description

The examiner should apply the guidelines of section H‑IV 2.2.1, in the Guidelines for Examination in the EPO mutatis mutandis.

GL-PCT H II 2.2 Content of the application as "originally" filed – general rules

The examiner should apply the guidelines of section H‑IV, 2.2, in the Guidelines for Examination in the EPO mutatis mutandis.

2.2.1 Features described in a document cross-referenced in the description

2.2.2 Incorporating missing or correct parts or elements completely contained in the priority document

GL-PCT H II 2.1 Basic principle

The examiner should apply the guidelines of section H‑IV, 2.1, in the Guidelines for Examination in the EPO mutatis mutandis. [GL/ISPE 20.12; ]

GL-PCT H II 2 Allowability of amendments

2.1 Basic principle

2.2 Content of the application as "originally" filed – general rules

2.3 Assessment of "added subject-matter" – examples

GL-PCT H II 1 Introduction

Once the EPO as IPEA has concluded that the amendments can be taken into consideration (see GL/PCT‑EPO H-I), all amended pages (description, claims, drawings) must be examined to see whether they introduce subject-matter not originally disclosed. The examiner should apply the criteria used under Art. 123(2) EPC for the European procedure mutatis mutandis, as indicated below.