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§ 309 Procedure in the Case of Later Submitted Sheets - ADMINISTRATIVE INSTRUCTIONS UNDER THE PCT
§ 309 Procedure in the Case of Later Submitted Sheets
(a) The receiving Office shall indelibly mark any sheet received on a date later than the date on which sheets were first received with the date on which it received that sheet, inserted immediately below the international application number referred to in Section 307.
(b) The receiving Office shall, in the case of later submitted sheets received within the time limits referred to in Rule 20.2(a)(i) and (ii):
(i) effect the required correction of the international filing date, or, where no international filing date has yet been accorded, of the date of receipt of the purported international application;
(ii) notify the applicant of the correction effected under item (i), above;
(iii) where transmittals under Article 12(1) have already been made, notify the International Bureau and the International Searching Authority of any correction effected under item (i), above, by transmitting a copy of the corrected first and last sheets of the request, and forward the later submitted sheets to the said Bureau and a copy thereof to the said Authority;
(iv) where transmittals under Article 12(1) have not yet been made, attach the later submitted sheets to the record copy and a copy thereof to the search copy.
(c) The receiving Office shall, in the case of later submitted sheets received after the expiration of the time limit referred to in Rule 20.2(a)(i):
(i) notify the applicant of that fact and of the date of receipt of the later submitted sheets;
(ii) where transmittals under Article 12(1) have already been made, forward the later submitted sheets to the International Bureau with the indication on the bottom of each sheet of the words: "NOT TO BE TAKEN INTO CONSIDERATION FOR THE PURPOSES OF INTERNATIONAL PROCESSING" or their equivalent in the language of publication of the international application;
(iii) where transmittals under Article 12(1) have not yet been made, attach the later submitted sheets to the record copy with the indication referred to in item (ii).
(d) The receiving Office shall, in the case of later submitted sheets received after the expiration of the time limit referred to in Rule 20.2(a)(ii), proceed as provided in Rule 20.7, unless the applicant has, within the said time limit, complied with the invitation under Article 11 (2)(a) so that an international filing date can be accorded; in the latter case, the receiving Office shall proceed as provided in paragraph (c)(i) to (iii).
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