Regulations under the PCT

Rule 40bis
Additional Fees in Case of Missing Parts or Correct Elements and Parts
Included in the International Application or Considered to Have Been
Contained in the International Application

40bis.1       Invitation to Pay Additional Fees

The International Searching Authority may invite the applicant to pay additional fees where the fact that a missing part or a correct element or part:

(i)  is included in the international application under Rule 20.5(c) or Rule 20.5bis(c), respectively;  or

(ii)  is considered, under Rule 20.5(d) or Rule 20.5bis(d), respectively, to have been contained in the international application on the date on which one or more elements referred to in Article 11(1)(iii) were first received by the receiving Office;

is notified to that Authority only after it has begun to draw up the international search report.  The invitation shall invite the applicant to pay the additional fees within one month from the date of the invitation and indicate the amount of those fees to be paid.  The amount of the additional fees shall be determined by the International Searching Authority but shall not exceed the search fee;  the additional fees shall be payable directly to that Authority.  Provided any such additional fees have been paid within the prescribed time limit, the International Searching Authority shall establish the international search report on the international application including any such missing part or any such correct element or part.