Chapter V – The final stage of examination
10. Publication of the patent specification
A revised version of this publication entered into force. |
The decision to grant contains the date of the mention of the grant of the European patent and is sent to the applicant when the technical preparations for printing the patent specification have been completed.
As soon as possible after the mention of the grant is published in the Bulletin, the EPO publishes the patent specification containing the description, claims (in the three official languages) and any drawings. The front page of the published specification shows inter alia the contracting states which are still designated at the time of grant (or the designation of which has been withdrawn after completion of the technical preparations for printing). With regard to the form in which the publication takes place, see the decision of the President of the EPO dated 12 July 2007, Special edition No. 3, OJ EPO 2007, D.3.
Mistakes in the specification of a European patent arising in the course of its production have no effect on the content of the patent granted. For this, only the text on which the decision to grant the patent is based is decisive (see H‑VI, 4). If necessary, the Office may arrange for correction to be made public as soon as any mistake in a specification is discovered. This is done by means of a note in the European Patent Bulletin and publication of a corrigendum, the sole purpose being to bring the specification into line with the content of the decision to grant (see Rule 143(2) and the decision of the President of the EPO dated 14 October 2009, OJ EPO 2009, 598, Art. 1, point 2).