6.1 Correction of erroneously filed application documents or parts – on invitation 

The application is examined on filing to check that it is entitled to a date of filing date. If, during this check, the EPO establishes that the description, claims or drawings (or parts of them) appear to have been erroneously filed, it will invite the applicant to file the correct documents within a time limit of two months of a communication under Rules 56(1) and Rule 56a(1) (see A‑II, 5). During this time limit, the applicant may proceed under Rule 56a or Rule 56. If the applicant does not reply to this invitation in time, any filing of the correct application documents or parts will be deemed not to have occurred and the erroneously filed documents or parts will remain in the application as filed (Rule 56a(5)). It should be noted that the applicant may not invoke the omission of the communication under Rules 56(1) and Rule 56a(1) (see the notice from the EPO dated 23 June 2022, OJ EPO 2022, A71).

Claims filed after the date of filing (see A‑II, 4.1) cannot be corrected under Rule 56a.