PCT Receiving Office Guidelines

Chapter VIII: Missing Parts in the International Application

Invitation to Applicant

195. If the receiving Office finds that any part of the international application appears to be missing, it invites (Form PCT/RO/107) the applicant under Rule 20.5(a) either to complete the purported international application by furnishing the missing parts, or, where a statement of incorporation by reference under Rule 4.18 was contained in the request or submitted with the international application on the date on which one or more elements referred to in Article 11(1)(iii) were first received, to confirm, in accordance with Rule 20.6(a), that the missing parts are incorporated by reference. The second option is not available if the receiving Office has notified the International Bureau under Rule 20.8(a) that Rule 20.6(a) is incompatible with its national law. Such an Office either proceeds as described in Rule 20.8(a-bis) or promptly requests the International Bureau as receiving Office to agree, in accordance with the procedure outlined in paragraphs 278 to 281, to the transmittal of the international application under Section 333(b) and (c).  A copy of the invitation (Form PCT/RO/107) is sent to the International Bureau and to the International Searching Authority.

196. Time Limit to Respond. The applicant may, within two months from the date of the invitation (Rule 20.7(a)), respond by either completing the international application according to Rule 20.5(a)(i), or by confirming, under Rule 20.5(a)(ii), the incorporation by reference of the missing part. Where the time limit for responding to the notification expires later than one year from the filing date of the earliest application whose priority is claimed, the receiving Office draws the applicant’s attention to that fact (Rule 20.3(a)). Form PCT/RO/107 contains a check-box for that purpose.