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News from Abroad: Patentees Denied Opportunity to Correct European Patent Text After Grant
2013-04-09
 

IP News

Home > IP News

News from Abroad: Patentees Denied Opportunity to Correct European Patent Text After Grant

2013-04-09

(These latest Intellectual Property (IP) news and events presented here,are prepared and compiled by us,the World Patent & Trademark Law Office (WPTO),for your reference and information)

 

Background

Rule 140 EPC does not explicitly relate to the correction of patents, but to the correction of EPO decisions.  However, until now, the European Patent Office (EPO) has allowed patentees to correct the text of a Patent after grant using Rule 140 EPC.

Recent decision (G1/10)

The Enlarged Board of Appeal at the EPO has decided that this practice must now stop.  Patentees can no longer use Rule 140 EPC to "tidy-up" errors in their patents.

The Board's main reason was that this practice can have a negative effect on third parties, who rely on the text of the patent when it is granted.  For example, a third party may decide not to file an opposition based on the granted text, but may then be threatened by the corrected patent and prevented from contesting the correction by filing an opposition because the opposition period has expired.

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(Patent Docs)