20.8

a)   If, on October 5, 2005, any of Rules 20.3a)(ii) and b)(ii), 20.5a)(ii) and d), and 20.6 are not compatible with the national law applied by the receiving Office, the Rules concerned shall not apply to an international application filed with that receiving Office for as long as they continue not to be compatible with that law, provided that the said Office informs the International Bureau accordingly by April 5, 2006. The information received shall be promptly published by the International Bureau in the Gazette.

a-bis)  Where a missing element or part cannot be incorporated by reference in the international application under Rules 4.18 and 20.6 because of the operation of paragraph a) of this Rule, the receiving Office shall proceed as provided for in Rule 20.3b)(i), 20.5b) or 20.5c), as the case may be. Where the receiving Office proceeds as provided for in Rule 20.5c), the applicant may proceed as provided for in Rule 20.5e).

b)   If, on October 5, 2005, any of Rules 20.3a)(ii) and b)(ii), 20.5a)(ii) and d), and 20.6 are not compatible with the national law applied by the designated Office, the Rules concerned shall not apply in respect of that Office in relation to an international application in respect of which the acts referred to in Article 22 have been performed before that Office for as long as they continue not to be compatible with that law, provided that the said Office informs the International Bureau accordingly by April 5, 2006. The information received shall be promptly published by the International Bureau in the Gazette.

c)   Where an element or part is considered to have been incorporated by reference in the international application by virtue of a finding of the receiving Office under Rule 20.6b), but that incorporation by reference does not apply to the international application for the purposes of the procedure before a designated Office because of the operation of paragraph b) of this Rule, the designated Office may treat the application as if the international filing date had been accorded under Rule 20.3b)(i) or 20.5b), or corrected under Rule 20.5c), as the case may be, provided that Rule 82ter.1c) and d) shall apply mutatis mutandis.