6.2 Correction of erroneously filed application documents or parts – without invitation

Applicants may also file correct (parts of) the description, claims or drawings of their own motion (without being invited to do so by the EPO) within two months of the original date of filing. If the applicant is invited by the EPO to file correct application documents or parts, the period under Rule 56a(1) takes precedence (see A‑II, 6.1).

If, within two months of the original date of filing, applicants notice that they filed erroneous application documents or parts, they should, of their own motion, file correct application documents or parts as soon as possible under Rule 56a(3) because, in the absence of a communication from the EPO sent under Rules 56 and Rule 56a(1), the possibility for applicants to file any missing or correct parts ends two months after the original date of filing.

Whether documents were erroneously filed depends only on the applicant's statement as to what was intended. No further evidence is required by the EPO.

Time limits under Rule 56a(1) and Rule 56a(3) to Rule 56a(7) are excluded from further processing (Rule 135(2)).