PCT AI Section 310 bis — Procedure in the Case of Later Submitted Sheets Resulting in the Correction of the International Filing Date under Rule 20.5(c) or 20.5 bis(c)

Ninth Edition, Revision 01.2024

• (a) Where, following the receipt of later submitted sheets referred to in Sections 309(a) or 310(a) within the applicable time limit referred to in Rule 20.7 , the international filing date has been corrected under Rule 20.5(c) or 20.5bis(c) , the receiving Office shall, in addition to proceeding under Section 309(c)(i) to (iii) , or 310(b)(i) to (iii) , as the case may be:
  • (i) draw the attention of the applicant to the procedure available under Rule 20.5(e) or 20.5bis(e) , as the case may be;
  • (ii) proceed under Section 309(c)(iv) to (vi) , or 310(b)(iv) to (vi) , as the case may be, but only after the expiration of the time limit under Rule 20.5(e) or 20.5bis(e) and only where the applicant has not made a request under that Rule.
• (b) Where the applicant requests within the time limit under Rule 20.5(e) or 20.5bis(e) that the missing part or the correct element or part concerned be disregarded, the receiving Office shall:
  • (i) restore the international filing date to that which had applied prior to its correction under Rule 20.5(c) or 20.5bis(c) ;
  • (ii) indelibly mark, in the middle of the bottom margin of each sheet containing the missing part concerned, the words "NOT TO BE CONSIDERED (RULE 20.5(e))", or in the middle of the bottom margin of each sheet embodying the correct element or part concerned, the words "NOT TO BE CONSIDERED (RULE 20.5bis(e))", as the case may be, or their equivalent in the language of publication of the international application;
  • (iii) notify the applicant that the missing part or the correct element or part is considered not to have been furnished and that the international filing date has been restored to that which had applied prior to its correction under Rule 20.5(c) or 20.5bis(c) ;
  • (iv) keep in its files a copy of the later submitted sheets marked under item (ii) and of the request made under Rule 20.5(e) or 20.5bis(e) ;
  • (v) where transmittals under Article 12(1) have already been made, notify the International Bureau and the International Searching Authority accordingly, and transmit the later submitted sheets marked under item (ii), the notice under Rule 20.6(a) and the request made under Rule 20.5(e) or 20.5bis(e) to the said Bureau and a copy thereof to the said Authority;
  • (vi) where transmittals under Article 12(1) have not yet been made, notify the International Bureau accordingly and attach the later submitted sheets marked under item (ii), the notice under Rule 20.6(a) and the request under Rule 20.5(e) or 20.5bis(e) to the record copy.