3.2 The procedure before the EPO as ISA
3.2.5.Incorporation by reference of missing or correct elements or parts
3.2.017If applicants omit to file an entire element (i.e. all of the description or all of the claims) or a part of the description, the claims or the drawings (including the case where all drawings appear to be missing), they may still furnish it at a later date without affecting the international filing date, subject to the requirements of Rules 4.18 PCT and Rules 20.6(a) PCT and provided the missing element or part was completely contained in the priority document.
3.2.018Similarly, if applicants appear to have erroneously filed an entire element (i.e. all of the description or all of the claims) or a part of the description, the claims or the drawings (including the case where all drawings have been erroneously filed), they may still furnish the correct element or part at a later date without affecting the international filing date, subject to the requirements of Rules 4.18 PCT and Rules 20.6(a) PCT and provided the correct element or part was completely contained in the priority document.
3.2.019In cases where the international application was corrected by the receiving Office under Rule 20.5bis PCT, the EPO as ISA will carry out the search on the basis of the international application including the correct element or part if:
–the receiving Office notifies it of the correct element or part before the start of the search; or
–the receiving Office notifies it of the correct element or part 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 PCT and Article 2(1) RFees).
3.2.020If the receiving Office has granted a request for incorporation by reference under Rules 4.18 and 20.6 PCT (see points 2.4.001 ff), but the EPO as ISA does not consider the element or part in question to be completely contained in the priority application, for instance because the missing text has been inserted into the description of the application in such a way that it does not have exactly the same meaning as in the priority document, it will indicate this negative finding in the WO‑ISA.
3.2.021The search will also be extended to cover all prior art that will be relevant if, in accordance with the ISA's findings, the international application is re-dated by a designated Office in the national phase. Re-dating of the filing date can be avoided if the applicant withdraws the subsequently filed missing or correct element or part that is not considered to be completely contained in the priority application (see points 2.4.001 ff).