Determination of filing date in the case of erroneously filed elements or parts of the international application 

Rule 20.5bis PCT, which entered into force on 1 July 2020, allows applicants to correct an erroneously filed element (description or claims) or part of the description, claims or drawings (including all drawings) contained in an international application. As a result of the EPO's notification of incompatibility under Rule 20.8(b-bis) PCT, if the receiving Office considered the correct application documents to be incorporated by reference under Rule 20.5bis(d) PCT, i.e. without changing the filing date, this incorporation will not be effective in proceedings before the EPO as designated/elected Office. For the procedure applied for establishing the filing date and the application documents forming the basis of proceedings, see C‑III, 1.3.

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