1.14. Amending the description
1.14.7 Replacement of complete description and drawings
In G 2/95 (OJ 1996, 555) the Enlarged Board observed that a correction affecting the content of the application could only be effected within the limits of Art. 123(2) EPC (as defined in G 3/89, OJ 1993, 117). The complete documents forming a European patent application, that is the description, claims and drawings, could not be replaced by way of a correction under R. 88 EPC 1973 (R. 139 EPC) by other documents which the applicants had intended to file with their request for grant.
In J 16/13 the board held that the ratio decidendi of G 2/95 (and also of J 5/06) was also applicable to all cases where at least a complete description was sought to be exchanged.
- J 3/21
Catchword:
1. Mere inconsistencies among the indications in the request for grant of a European patent (EPO Form 1001), and between some of them and the originally filed application documents, are not sufficient to prove an alleged obvious error or the obviousness of a correction offered under Rule 139 EPC.
2. The ban on corrections under Rule 139 EPC by replacement of at least the complete description is categorical.
- 2023 compilation “Abstracts of decisions”