2.2.3 Erroneously filed application documents or parts under Rule 56a

Rule 56a allows the applicant to file correct application documents or parts if wrong application documents or parts have been filed erroneously. Under Rule 56a(4) the applicant can rely on the priority document to avoid redating the application to the date of filing of the correct application documents or parts.

If applicants realise on the filing date (or earlier if the filing date cannot yet be accorded) that they erroneously filed incorrect application documents, they can file correct application documents under Rule 56a(2) on or before the filing date, without changing the filing date (A‑II, 6.6).

If correct application documents or parts are filed later than the date of filing, under Rule 56a(4), redating is avoided if the correct documents or parts were "completely contained" in the priority document (see C‑III, 1 and A‑II, 6).

Rule 56a(4) applies only at the filing stage of the application. It is not permissible to rely on the priority documents to correct or amend the application as filed at later stages of the procedure (in keeping with G 3/89 and G 11/91). For Euro-PCT applications a similar provision exists under Rule 20.5bis(d) PCT and Rule 20.6 PCT, whereby a review by the EPO as elected or designated Office is possible under Rule 82ter PCT.

Correct application documents or parts allowed under Rule 56a(2) and Rule 56a(4) are always considered to be part of the application documents "as originally filed" (see A‑II, 6.3 and A‑II, 6.4). If erroneously filed application documents or parts remain in the application under Rule 56a(4), they are part of the application as filed (Art. 123(2)).