Allowability of the correction of bibliographic data 

The sole reason for allowing the correction of linguistic errors, errors of transcription and obvious mistakes is to ensure that the decision says what the division actually intended at the time of issue. If the bibliographic data referred to in the examining division's decision to grant or limit a patent or in the opposition division's communication under Rule 82(2) that a decision to maintain a patent in amended form has become final is not and obviously cannot be the bibliographic data corresponding to the real intention of the division, the bibliographic data erroneously indicated can be corrected under Rule 140. In this respect, it is irrelevant whether the error was originally introduced by the applicants in their submissions or by the division itself.

In particular, misspellings or similar errors in the name of the patent proprietor may be corrected under Rule 140 wherever it does not result in the designation of a person different than the one originally named on filing (or their successor in title) and to whom the examining division intended to grant the patent.

In accordance with the Decision of the President of the EPO dated 23 November 2015 (OJ EPO 2015, A104), requests for the correction of errors in bibliographic data are dealt with by formalities officers.

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