The competence to correct errors under R. 140 EPC lies with the body which took the decision (see e.g. G 8/95, OJ 1996, 481, J 12/85, J 16/99) (Guidelines H‑VI, 3.5 – November 2018 version). Hence, even during opposition proceedings, the examining division is competent for correcting errors according to R. 140 EPC (Guidelines H‑VI, 3 – November 2018 version). In accordance with the Decision of the President of the EPO dated 23 November 2015 (OJ 2015, A104), decisions under R. 140 EPC are dealt with by formalities officers.
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_iii_l_1.htm
Date retrieved: 17 May 2021
11 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Implementing Rules
EPO Guidelines - H Amendments and Corrections
Offical Journal of the EPO
XOJ EPO 2015, A104 - Decision of the President of the European Patent Office dated 23 November 2015 concerning the entrustment to non-examining staff of certain duties incumbent on the examining or opposition divisions