An incorrect designation may be rectified provided a request is received accompanied by the consent of the wrongly designated person and by the consent of the applicant for or the proprietor of the patent where the request is not filed by that party. If a further inventor is to be designated, the consent of the inventor(s) previously designated is not necessary (see J 8/82, OJ 4/1984, 155). The provisions of III, 5.3 and 5.4 apply to the corrected designation mutatis mutandis. Rectification may also be requested after the proceedings before the EPO are terminated.

Where an incorrect designation has been rectified and where the incorrect designation was entered in the European Patent Register or published in the European Patent Bulletin, its rectification or cancellation shall also be published therein.