1. Competence to correct a decision according to Rule 140 EPC

The competence to correct errors under R. 140 EPC (R. 89 EPC 1973) lies with the body which took the decision (see e.g. G 8/95, OJ 1996, 481, J 12/85, J 16/99). Hence, even during opposition proceedings, the examining division is competent for correcting errors according to R. 140 EPC (Guidelines H‑VI, 3.3 – March 2022 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.