3.1 Admissibility 

Rule 140 is not available to correct errors in documents filed by a patent applicant or proprietor (G 1/10). The correction of such documents is admissible only under Rule 139 and only as long as proceedings are pending (see H‑VI, 2.1). Once the decision to grant is handed over to the EPO's internal postal service (G 12/91), only errors in bibliographic data, printing errors in the publication of the patent specification and formatting/editing errors may be corrected (see H‑VI, 3.2 and H‑VI, 3.3).

Since the final responsibility for the text of the patent lies with the applicant applicants or patentees proprietor, it is their duty to properly check all the documents making up the communication under Rule 71(3) (i.e. Form 2004 and the Druckexemplar). The same applies to documents as proposed for maintenance in amended form (see Rules 71(5), Rule 82(1) and Rule 95(2), Art. 113(2) and G 1/10).

However, requests for correction under Rule 139 of documents on which the patent is granted may under certain conditions be submitted in opposition and limitation proceedings (see H‑VI, 2.1.1).

Corrections of decisions are to be made at the reasoned request of one of the parties or by the EPO of its own motion. If the request for correction is refused, this decision must be reasoned (see T 850/95). These reasons must previously have been communicated to the requester (Art. 113(1)).