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Guide for applicants, Part 2: PCT procedure before the EPO (Euro-PCT Guide)

 
 
Incorporation by reference of missing parts and elements
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If the receiving Office has granted a request for incorporation by reference under Rules 4.18 and 20.6 PCT (see points 54 ff) but the EPO as ISA does not consider the relevant part(s) and/or element(s) completely contained in the priority application, it will indicate this negative finding in the WO-ISA, for instance if the missing text has been inserted into the description of the application in such a way that it does not have exactly the same meaning as in the priority document.
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Furthermore the search will be extended to cover all prior art that will be relevant if, in accordance with the ISA's finding, the international application is re-dated by a designated Office in the national phase. Re-dating of the filing date can be avoided on condition that the applicant withdraws the later filed missing parts or elements that are not considered completely contained in the priority application (see points 54 ff).