4.4. Request for correction to be filed without delay

In T 2058/18 the board noted that a request for correction must be filed without delay (G 1/12, OJ 2014, A114, point 37 of the Reasons). The appellant's (applicant's) representative pointed out that he was not an expert in the field of the invention and that it was only when consulting an expert that could qualify as a skilled person in this case, that the representative was made aware that there was a mistake in the description and claims as originally filed. He had reacted during examination proceedings as soon as he was made aware of the mistake. However, the board observed that the applicant had previously based its arguments on the erroneous features as essential distinguishing features of the invention over the closest prior art. The board underlined that it was the responsibility of the appellant to cooperate in the drafting and filing of amendments and to give clear instructions to the representative. Thus the correction could not be considered as having been filed without delay.