GL H VI 2.2.2 Missing parts of description and missing drawings filed as corrections under Rule 139

The applicant may also request that missing parts of the description and/or missing drawings be included in the application documents by way of a correction according to Rule 139.

GL H VI 2.2.1 Correction of description, claims and drawings

Where the mistake is in the description, claims or drawings, both the error and the correction must be such that it is immediately evident:

(i)that an error has occurred; and

(ii)what the correction should be.

Regarding (i), th

GL H VI 2.2 Allowability

Corrections of clerical or grammatical errors are usually allowed, insofar as it is evident that an error has occurred and what the correction should be.[Rule 139; Art. 123(2); ]

However, correction of errors in the description, claims and drawings is a special form of amendment and is bound by Art. 123(2) (G 2/95; see also H‑VI, 2.2.1).

GL H VI 2.1.1.1 Errors in the description, claims and drawings

The submission by the proprietor of an amended specification containing the correction of an obvious error will be admitted:

– in opposition proceedings if the correction is part of an amendment going beyond the mere removal of an error, namely an amendment occasioned by a ground for opposition (see H‑II, 3);[Rule 80; ]

Therefore, if the proprietor files an amend

GL H VI 2.1.1 Admissibility in opposition and limitation proceedings

Errors in documents filed during opposition and limitation proceedings may be corrected under Rule 139 (G 1/12) as long as the corresponding proceedings are pending before the EPO.

In opposition and limitation, requests to correct an error under Rule 139 may not, however, be used to correct the content of the decision to grant, thereby circumventing the restrictions under Rule 140.

GL H VI 2.1 Admissibility

The correction of linguistic errors, errors of transcription and other mistakes in any document filed with the EPO may in principle be requested as long as proceedings are pending before the EPO (J 42/92).

GL H VI 2 Corrections of errors in documents filed with the EPO

Corrections under Rule 139 concern linguistic errors, errors of transcription and other mistakes in documents filed with the EPO, especially in application documents (see H‑VI, 2.2.1).[Rule 139; ]

However, see also A‑VII, 7, for the correction of errors in a translation of a patent application, A‑III, 5.6, for the correction of the designation

GL H VI 1 Introduction

Documents filed with the EPO may contain errors, e.g. in the bibliographic data, the description, the claims or the drawings (see H‑VI, 2). Errors may also occur in the decision to grant or other decisions of the EPO (see H‑VI, 3), as well as in printing the specification (see H‑VI, 4).

These errors can be corrected as set out below.

GL H VI – Correction of errors

1. Introduction

2. Corrections of errors in documents filed with the EPO

3. Correction of errors in decisions

4. Correction of formatting/editing errors

5. Correction of the translations of the claims

GL H V 8 Changes in the title

The sole purpose of the title is to inform the public about the technical information disclosed in the application. The title has no bearing on the content of the application as filed or on the protection conferred by the patent, once granted.