|An error, obviously. But what's the correction? |
Merpel tells the IPKat it should read 2 + 2 < 5
Other Remedies1. Since Rule 140 EPC is not available to correct the text of a patent, a patent proprietor's request for such a correction is inadmissible whenever made, includingafter the initiation of opposition proceedings.2. In view of the answer to the first referred question, the second referred question [as to which body is competent to decide a request] requires no answer.
Mind over matter
|Here's hoping the Court interprets the |
uncorrected claim correctly
1. Is a patent proprietor's request for correction of the grant decision under Rule 140 EPC which was filed after the initiation of opposition proceedings admissible? In particular, should the absence of a time limit in Rule 140 EPC be interpreted such that a correction under Rule 140 EPC of errors in decisions can be made at any time?
2. If such a request is considered to be admissible, does the examining division have to decide on this request in ex parte proceedings in a binding manner so that the opposition division is precluded from examining whether the correction decision amounts to an unallowable amendment of the granted patent?