Correction of errors under Rule 140 while opposition proceedings are pending – procedural aspects
Even during opposition proceedings, the examining division is competent for correcting errors in the decision to grant, in particular errors in bibliographic data or formatting/editing errors in the text of the B1 publication (see H‑VI, 3.2, and H-VI, 4).
Thus the opposition division refers to the examining division any request under Rule 140 to correct such errors filed by the patent proprietor while opposition proceedings are pending.
However, if the request for correction under Rule 140 is clearly inadmissible, i.e. the requested correction does not concern errors in bibliographic data contained in the decision to grant or formatting/editing errors in the text of the B1 publication, the opposition division continues the proceedings until the decision under Art. 101 is taken without waiting for closure of the proceedings before the examining division concerning the correction (in line with the reasoning of G 1/10). The procedural decision to this effect is appealable together with the opposition decision.
If the request for correction is admissible, the examining division processes it without delay in order to avoid or minimise the delays caused to the opposition proceedings. The opposition division may adjourn the opposition proceedings to wait for closure of the proceedings before the examining division.