Chapter III – Documents forming the basis of the international preliminary examination
2. Sheets filed under Rule 20.6 containing missing parts or elements or correct parts or elements
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A revised version of this publication entered into force. |
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.
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.