1. Competence to correct a decision according to Rule 140 EPC
Overview
1. Competence to correct a decision according to Rule 140 EPC
The competence to correct errors under R. 140 EPC (R. 89 EPC 1973) lies with the body which took the decision (see e.g. G 8/95, OJ 1996, 481, J 12/85, J 16/99). Hence, even during opposition proceedings, the examining division is competent for correcting errors according to R. 140 EPC (Guidelines H‑VI, 3.3 – March 2022 version). In accordance with the decision of the President of the EPO dated 23 November 2015 (OJ 2015, A104), decisions under R. 140 EPC are dealt with by formalities officers.
- T 255/22
Catchword:
No competence for the Board to correct or amend under Rule 140 EPC the reasons given by a first-instance department in the written decision, or to order such a correction or amendment (see point 2.2.1). No competence for the Board to confirm that an "obvious mistake" within the meaning of Rule 140 EPC was made in the reasons given by a first-instance department in the written decision (see point 2.3). No competence for the Board to correct or amend the content of the minutes of oral proceedings before a first-instance department, or to order such a correction or amendment (see point 3.3).
- 2023 compilation “Abstracts of decisions”