PCT Receiving Office Guidelines

Chapter VIII: Missing Parts or Erroneously Filed Elements or Parts in the International Application

Sheets Submitted under Rule 20.6(a)(i) Which Contain Matter Not Completely Contained in Earlier Application

205E. Where the applicant timely confirms the incorporation by reference of missing or correct elements or parts and furnishes a sheet or sheets containing such missing or correct elements or parts, but such sheets contain matter which was not completely contained in the earlier application and therefore cannot be incorporated by reference, the receiving Office may, according to its own practice, and depending on the case, correct the sheets ex officio with a view to bring them into conformity with the earlier application.  The general manner of making ex officio corrections by the receiving Office is provided in paragraphs 161 to 163. Where there is more than one possibility of correcting the defect, the receiving Office should contact the applicant by telephone and/or in writing to clarify the applicant’s intention before making any ex officio correction. Alternatively, the receiving Office may informally contact the applicant informing him that he should re-submit the sheet(s) the contents of which correspond with the earlier application within the applicable time limit under Rule 20.7(a); otherwise the receiving Office proceeds under Rule 20.6(c).