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How can erroneously filed elements or parts be corrected?
2.5.001
If an international application contains an erroneously filed element (the whole description or all of the claims) or an erroneously filed part of the description, claims or drawings (including the case where all the drawings have been erroneously filed), the applicant may correct the international application by furnishing the correct element or part under Rule 20.5bis PCT.
The EPO as receiving Office will process requests for correction under Rule 20.5bis PCT only if:
(a)
the correct element or part is furnished by the applicant on or before the date on which the international filing date is accorded (Rule 20.5bis(b) PCT), in which case the wrong element or part will be replaced with the correct one and the international filing date will be the date on which all the requirements of Article 11(1) PCT are fulfilled;
the correct element or part is furnished by the applicant after the date on which the international filing date has been accorded and no incorporation by reference is requested (Rule 20.5bis(c) PCT), in which case the wrong element or part will be replaced with the correct one but the international filing date will be shifted to the date on which the correct element or part was received unless the applicant requests that it be disregarded (Rule 20.5bis(e) PCT).
The EPO as receiving Office will not process requests for correction if the correct element or part is furnished by the applicant for the purpose of incorporating it by reference (Rule 20.5bis(d) PCT and Rule 20.8(a-bis) PCT). Such requests can be processed only if the applicant authorises the transmittal of the international application to the IB, which would then act as receiving Office for that application (Rule 19.4(a)(iii) PCT). This will have no negative consequences for the applicant since the IB as receiving Office will deem the date on which the international application was received by the EPO to be the date of receipt (Rule 19.4(b) PCT). No fee will be charged under Rule 19.4(b) PCT for such transmittal. If the applicant does not authorise the transmittal, the request will be treated as a request for correction under Rule 20.5bis(b) PCT or Rule 20.5bis(c) PCT.
