5.4.2
The missing parts are completely contained in the claimed priority 

In cases where no translation of the priority is required and the application and priority are in the same official language, the requirement that the late-filed parts of the application are "completely contained" in the claimed priority is met only if the parts of the claimed priority identified by the applicant according to Rule 56(3)(c) contain the same drawings, with the same annotations or, for late-filed parts of the description, contain the same text.

If a translation of the claimed priority is required, then the requirement that the late-filed parts of the application are "completely contained" in the claimed priority is met only if the parts of the translation of the claimed priority identified by the applicant according to Rule 56(3)(c) contain the same drawings, with the same annotations or, for late-filed parts of the description, contain the same text.

In addition to the requirement that the missing drawings or the missing parts of the description be identical to the corresponding drawings or parts of the priority document, they must also be inserted in the description in a manner which does not result in the presence of additional technical content. Drawings of low visual quality are not considered missing in the sense of Rule 56 and can, therefore, not be remedied under this provision (see J 12/14).

Final assessment of the "completely contained" requirement falls within the responsibility of the Examining Division (see C‑III, 1).

Quick Navigation