6.2 Correct element or part furnished for the purpose of incorporation by reference 

For international applications filed on or after 1 November 2022, the EPO as receiving Office will process requests for incorporation by reference under Rule 20.5bis(d) of the correct element or part. If the requirements of Rules 20.6(b) and Rule 4.18 are fulfilled, the correct element or part will be considered to have been contained in the purported international application on the date on which one or more elements referred to in Art. 11(1)(iii) were first received by the receiving Office, without a change to the international filing date. The wrong element or part, marked as "ERRONEOUSLY FILED (RULE 20.5bis)", will remain in the international application. The EPO as receiving Office follows the procedure outlined in AI, section 309.

For the procedure before the EPO as ISA see GL/PCT‑EPO B‑III, 2.3.3 and for the procedure before the EPO as SISA see GL/PCT‑EPO B‑XII, 3. For the procedure before the EPO as IPEA see GL/PCT‑EPO H‑II, 2.2.2 and the notice from the EPO dated 14 June 2020, OJ EPO 2020, A81. For the procedure before the EPO as designated Office/elected Office see GL/EPO C‑III, 1.3.

For international applications filed until 31 October 2022, if the applicant requests within the time limit under Rule 20.7 that a correct element or part be incorporated by reference, the EPO as receiving Office will transmit the international application to the IB as receiving Office, provided the applicant authorises it to do so. No fee will be charged under Rule 19.4(b) for such transmittal. Unless the applicant has already submitted authorisation to transmit the international application, the EPO as receiving Office will invite the applicant to do so using Form PCT/RO/152.

If the applicant does not authorise the transmittal, the request will be treated as a request for correction under Rule 20.5bis(b) or (c). The EPO as receiving Office will therefore follow the procedure outlined in GL/PCT‑EPO A‑II, 6.1.