5.5 Incorrect designation 

An incorrect designation may be rectified, provided that a request is received together with the consent of the wrongly designated person and that of the patent's applicant or proprietor where the request is not filed by that party. If a further inventor is to be designated, the consent of the inventor(s) previously designated is not necessary (see J 8/82). The provisions of A‑III, 5.3 apply to the corrected designation mutatis mutandis. Rectification may also be requested after the proceedings before the EPO are terminated.

Where an incorrect designation has been rectified and where the incorrect designation was recorded in the European Patent Register or published in the European Patent Bulletin, its rectification or cancellation will also be recorded or published there. Rectification of the designation of an inventor falls under the responsibility of the Legal Division (see the decisions of the President of the EPO dated 21 November 2013, OJ EPO 2013, 600 and OJ EPO 2013, 601).