GL M of sections amended in 2021 revision MAJOR AMENDMENTS PART A A‑III, 6.7 Amended to include list of patent offices currently issuing electronic priority documents with digital signature accepted by the EPO (status 07.12.2020) Amended to [..]

GL J G‑II, 3.3.1 Artificial intelligence and machine learning (introduced in GL 2018)

A computer-implemented invention (CII) is one which involves the use of a computer, computer network or other programmable apparatus, where one or more features are realised wholly or partly by means of a computer program.

The following collection of hyperlinks is provided in order to facilitate access to the sections of the Guidelines for Examination in the EPO which give instructions particularly useful for the search and examination of CIIs.

It is noted that this collection is not a separate publication about CIIs.

GL GL INDEX 2021

List of Contents

General Part

Contents

1.Preliminary remarks

GL H VI 6 Errors in publication

Errors in publication occur where the content of the printed specification differs from the documents (Druckexemplar) transmitted to the applicant with the communication under Rule 71(3) (Form 2004), if these documents form the basis of the decision to grant.

Errors in publication have to be distinguished from changes introduced in the text to be granted after the applicant's approval but before the decision to grant (G 1/10).

GL H VI 5 Correction of the translations of the claims

According to Art. 70(1), the text of a patent in the language of the proceedings is the authentic text. It therefore follows that the translations of the claims of the patent specification required by Art. 14(6) are for information only. Hence no examination of the translations takes place (C‑V, 1.3); in particular, the translations do not form part of the decision to grant the patent.

GL H VI 4 Correction of formatting/editing errors

Formatting/editing errors which were already contained in the text approved by the applicant may be corrected by the EPO of its own motion or at the request of the patent proprietor.

GL H VI 3.3 Correction of errors under Rule 140 while opposition proceedings are pending – procedural aspects

Even during opposition proceedings, the examining division is competent to correct errors in its decision to grant, in particular errors in the decision's reasoning and bibliographic data, or formatting/editing errors in the text of the B1 publication (see H‑VI, 3.2, and H‑VI, 4).

Thus the opposition division refers to the examining division any request under Rule 140 to correct such errors filed by the patent proprietor while o

GL H VI 3.2 Allowability of the correction of bibliographic data

The sole reason for allowing the correction of linguistic errors, errors of transcription and obvious mistakes is to ensure that the decision says what the division actually intended at the time of issue.

GL H VI 3.1 Admissibility

Rule 140 is not available to correct errors in documents filed by a patent applicant or proprietor (G 1/10). The correction of such documents is admissible only under Rule 139 and only as long as proceedings are pending (see H‑VI, 2.1).

GL H VI 3 Correction of errors in decisions

Correction of errors in decisions under Rule 140 must be clearly distinguished from correction of errors in documents filed by the applicant (or patentee) pursuant to Rule 139. For the latter, see A‑V, 3, and H‑VI, 2 and sub-sections.