One questions ask what to do with a PCT app where there were two missing parts of the spec, and the applicant filed them at two intervals. The international filing date will be the date the timely filed filed correction is received by the receiving office. MPEP 1810
Answer: There are only 30 days to do this, and so his 2nd submission was not entered.
Consult PCT Rule 20.6 for more details about this specific question, and 20.7 for the time limits for various other situations.
{ 5 comments… read them below or add one }
Also, How do you make corrections to a PCT application? Specifically, when and which office to use.
So, in the above qs, if 2nd submission is not within 30 days- is the applicn abandoned? i.e. no filing date accorded since the spec wasn’t provided in a complete form.
I don’t agree with this. First of All, Rule 20.6 has nothing to do with time limits. I think you meant Rule 26.
Both Rule 26 and Rule 20.7 set up a 2 months time limit from the date of the invitation…
20.6 Invitation to Correct
(a)
The invitation to correct under Article 11(2) shall specify the requirement provided for under Article
11(1) which, in the opinion of the receiving Office, has not been fulfilled.
(b)
The receiving Office shall promptly mail the invitation to the applicant and shall fix a time limit, reasonable under the circumstances of the case, for filing the correction. The time limit shall not be less than 10 days, and shall not exceed one month, from the date of the invitation. If such time limit expires after the expiration of one year from the filing date of any application whose priority is claimed, the receiving Office may call this circumstance to the attention of the applicant.
20.2 Receipt on Different Days
(a)
In cases where all the sheets pertaining to the same purported international application are not received on the same day by the receiving Office, that Office shall correct the date marked on the request (still leaving legible, however, the earlier date or dates already marked) so that it indicates the day on which the papers completing the international application were received, provided that
(i)
where no invitation under Article 11(2)(a) to correct was sent to the applicant, the said papers are received within 30 days from the date on which sheets were first received;
(ii)
where an invitation under Article 11(2)(a) to correct was sent to the applicant, the said papers are received within the applicable time limit under Rule 20.6;
(iii) in the case of Article 14(2), the missing drawings are received within 30 days from the date on which the incomplete papers were filed;
(iv)
the absence or later receipt of any sheet containing the abstract or part thereof shall not, in itself, require any correction of the date marked on the request.
(b)
Any sheet received on a date later than the date on which sheets were first received shall be marked by the receiving Office with the date on which it was received.