5.6 Incorrect designation

An incorrect designation may be rectified provided a request is received accompanied by the consent of the wrongly designated person and by the consent of the applicant for or the proprietor of the patent where the request is not filed by that party. If a further inventor is to be designated, the consent of the inventor(s) previously designated is not necessary (see J 8/82). The provisions of A‑III, 5.3 and A-III, 5.4 apply to the corrected designation mutatis mutandis. Rectification may also be requested after the proceedings before the EPO are terminated.

Where an incorrect designation has been rectified and where the incorrect designation was entered in the European Patent Register or published in the European Patent Bulletin, its rectification or cancellation shall also be published therein. Rectification of the designation of an inventor falls within the responsibility of the Legal Division (see the Decisions of the President of the EPO dated 21 November 2013, OJ EPO 2013, 600 and 601).

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