Errors in publication 

Errors in publication occur where the content of the printed specification differs from the documents (Druckexemplar) transmitted to the applicant with the communication under Rule 71(3) (Form 2004), if these documents form the basis of the decision to grant.

Errors in publication have to be distinguished from changes introduced in the text to be granted after the applicant's approval but before the decision to grant (G 1/10). In such cases, the patent proprietor has to file an appeal to seek remedy.

The above errors in publication can be corrected at any time (see also C‑V, 10). The same applies mutatis mutandis to errors in the process for publication of the application and of the amended patent specification following a decision to maintain the patent as amended.

The competence to correct errors in publication lies with the body before which proceedings are or were last pending.

Therefore a request for correction of errors in the publication of the B1 specifications filed during opposition proceedings is dealt with by the opposition division.

Formalities officers are responsible for the correction of publication errors (see the Decision of the President of the EPO dated 23 November 2015, OJ EPO 2015, A104).

Quick Navigation