2.2.2 Missing parts of description, missing drawings or correction of erroneously filed application documents filed as corrections under Rule 139

The applicant may also request that missing parts of the description and/or missing drawings be included in the application documents by way of a correction according to Rule 139. In virtually all cases this will not be possible (see J 1/82). Similarly, it is not generally possible to completely replace erroneously filed application documents (description, claims or drawings) or parts by way of a correction under Rule 139 because that would require making it evident that nothing else was intended than what is offered as the corrected application documents.

In extremely rare cases the other application documents might allow the skilled person to reconstruct the missing parts of the description and/or missing drawings such that they may be filed by way of a correction according to Rule 139.

In contrast to missing parts of the description and/or missing drawings filed under Rule 56(3) and correct application documents subsequently filed under Rule 56a(4), corrections under Rule 139 can never be substantiated by merely merelly referring to the priority document (see H‑VI, 2.2.1).