2.1
Applications containing missing parts or elements, or correct parts or elements, incorporated by reference furnished under Rule 20

If an applicant omitsapplicants 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), itthey may still furnish it (them) at a later date without affecting the international filing date, subject to the requirements of Rules 4.18 and Rule 20.6(a) and provided the missing part(s) and/or element(s) was (were) completely contained in the priority document.

Similarly, if applicants appear to have erroneously filed 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.

The notification of incompatibility filed by the EPO as RO regarding Rule 20.5bis(a)(ii) and (d) (see GL/PCT-EPO A-II, 6) does not have any impact on the activity of the EPO as ISA, which depends on the decisions taken by the RO with regard to the international application and its filing date. Therefore, in cases where the international application was corrected by the RO under Rule 20.5bis, the EPO as ISA will establish the written opinion on the basis of the international application including the correct element(s) and/or part(s) if:

(a)
the RO notifies it of the correct element(s) and/or part(s) before the start of the search; or
(b)
the RO notifies it of the correct element(s) and/or part(s) after the start of the search (including after its completion) and the applicant pays an additional fee equal to the search fee within one month of the date of the invitation to do so issued by the EPO (Rule 40bis.1 and Article 2(1) RFees) (see GL/PCT-EPO B-III, 2.3.4).

See GL/PCT-EPO B-III, 2.3.3.

Such parts or elements are then considered to have been part of the application as originally filed. The examiner must check (as far as the documents needed are available) 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 B‑III, 2.3.3, and GL/PCT‑EPO H‑II, 2.2.2.2, for the impact on the search report and WO‑ISA.

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