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

The competence to correct errors under R. 140 EPC lies with the body which took the decision (see e.g. G 8/95, OJ 1996, 481, J 12/85, J 16/99) (Guidelines H‑VI, 3.5 – November 2018 version). Hence, even during opposition proceedings, the examining division is competent for correcting errors according to R. 140 EPC (Guidelines H‑VI, 3 – November 2018 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.

Quick Navigation