Correction of erroneously filed elements or parts

If the international application contains an erroneously filed element (description or 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.

According to that rule, which entered into force on 1 July 2020, the applicant may request to either

correct the international application under Rule 20.5bis(b) or (c) (see GL/PCT-EPO A-II, 6.1); or
where the correct element or part is contained in a priority application, incorporate it in the international application by reference under Rule 20.5bis(d).

At the EPO, however, this latter option is not possible since this procedure is incompatible with the current legal framework under the EPC. The EPO as receiving Office has therefore notified the IB of this incompatibility under Rule 20.8(a-bis). See GL/PCT-EPO A-II, 6.2.

For details on the procedure before the EPO as International Searching Authority, see GL/PCT-EPO B‑III, 2.3.3. For the procedure before the EPO as designated or elected Office, see GL/EPO C-III, 1.3.

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