3.3.2.1 Request for correction filed at a late stage

Where the request for correction of editing/formatting errors is submitted at the oral proceedings or so shortly before that republication is not possible in the meantime, the opposition division will inform the parties without delay that the request is being remitted to the examining division.

Furthermore, if the outcome of the proceedings depends entirely on the requested correction, the opposition division will – after giving the parties the opportunity to comment – adjourn the proceedings until the proceedings before the examining division are closed.

The same applies if the opposition division comes to the conclusion that – regardless of whether or not the requested correction is allowable – the patent can be maintained in amended form and that it intends to issue an interlocutory decision under Art. 101(3)(a) and Art. 106(2).

Where the opposition division comes to the conclusion that – regardless of whether or not the requested correction is allowable – the opposition is to be rejected or the patent revoked, it will continue the proceedings up to and including dispatch of the written decision. If no appeal is filed, or if this decision is confirmed upon appeal, the proceedings before the opposition division can be closed, even if the proceedings before the examining division have not come to a close.