2.9.4 Determination of filing date in the case of erroneously filed elements or parts of the international application 

Rule 20.5bis PCT, which entered into force on 1 July 2020, allows applicants to correct an erroneously filed element (description or claims) or part of the description, claims or drawings (including all drawings) contained in an international application. Following the entry into force of new Rule 56a on 1 November 2022, the notification of incompatibility under Rule 20.8(b-bis) PCT of this provision with the EPC legal framework has been withdrawn. As a consequence, incorporation by reference by the receiving Office under Rule 20.5bis(d) PCT, i.e. without changing the filing date, will be effective before the EPO as designated or elected Office for international applications filed on or after 1 November 2022.

For international applications filed between 1 July 2020 and 31 October 2022, the limitation under the procedure described in E‑IX, 2.2 and C‑III, 1.3 remains unchanged. As a result of the EPO's notification of incompatibility under Rule 20.8(b‑bis) PCT, if If the receiving Office considered the correct application documents to be incorporated by reference under Rule 20.5bis(d) PCT, i.e. without changing the filing date, this incorporation will not be effective in proceedings before the EPO as designated/elected Office. For the procedure applied for establishing the filing date and the application documents forming the basis of proceedings, see C‑III, 1.3.