2.2.2
Incorporating missing parts or elementsa missing elements completely contained in the priority document

If the applicant files (a) missing partspart(s) (i.e. partpart(s) of the description, partpart(s) of the claims or partand/or part(s) or all of the drawings) or a(a) missing elementelement(s) (i.e. all of the description and/or all of the claims) which have no basis in the priority document, the filing date of the application as a whole will be the date on which the partspart(s) or the elementelement(s) were subsequently furnished.

However, after the date of receipt of the purported international application, an applicant hasdoes have the possibility to furnish parts of the application or an entire elemententire elements which were erroneously omitted without affecting the international filing date.

This can only be done before the RO within two months of the date of receipt of the purported international application (or at the invitation of the RO) provided that the priority claim was present at that initial date of receipt and only if the applicant can show that the missing partspart(s) or the missing elementelement(s) were completely contained in the priority document. Missing parts or a missing elementelements which have been accepted under this criterion are considered to be part of the application documents "as originally filed".

If the RO finds that the "completely contained" criterion is not met, the filing date of the application will be the date on which the partspart(s) or the elementelement(s) were subsequently furnished (unless, in the case of missing parts, the applicant withdraws the subsequently furnished parts). Where the EPO is ISA or IPEA, the examiner must check (as far as the documents needed are available) whether the RO's assessment of the "completely contained" criterion was correct.

Quick Navigation