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§ 310 Procedure in the Case of Missing Drawings - ADMINISTRATIVE INSTRUCTIONS UNDER THE PCT

§ 310 Procedure in the Case of Missing Drawings

(a) Where the international application refers to drawings which in fact are not included in that application, the receiving Office shall make the indication referred to in Rule 26.6(a) by marking a check-box provided for this purpose on the request.

(b) Section 309(a) shall apply also in the case of drawings received by the receiving Office on a date later than the date on which sheets were first received by that Office.

(c) The receiving Office shall, in the case of missing drawings received within the time limit referred to in Rule 20.2(a)(iii):

(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, and delete the indication made under paragraph (a), above;

(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 drawings 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 drawings to the record copy and a copy thereof to the search copy.

(d) The receiving Office shall, in the case of missing drawings received after the expiration of the time limit referred to in Rule 20.2(a)(iii):

(i) notify the applicant of the fact and of the date of receipt of the later submitted drawings;

(ii) where transmittals under Article 12(1) have already been made, forward the later submitted drawings to the International Bureau with the indication on the bottom of each drawing of the words: "NOT TO BE TAKEN INTO CONSIDERATION (PCT Art. 14(2), 2nd sentence)" 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 drawings to the record copy with the indication referred to in item (ii).

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