European Round-Table on Patent Practice (EUROTAB)
|European Case Law Identifier:||ECLI:EP:BA:2001:T053500.20010202|
|Date of decision:||02 February 2001|
|Case number:||T 0535/00|
|IPC class:||H02P 21/00|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Pulse width modulation inverter current detection method|
|Applicant name:||Kabushiki Kaisha Meidensha|
|Opponent name:||Siemens AG|
|Relevant legal provisions:||
|Keywords:||Revocation at request of the proprietor|
Summary of Facts and Submissions
I. In its decision posted on 7 April 2000 the Opposition Division rejected the opposition against European patent No. 0 648 008.
II. The appellant (opponent) filed an appeal against this decision by a letter filed on 24 May 2000, filed a statement setting out the grounds of appeal on 7. August 2000, and requested that the patent be revoked.
III. In a letter dated 29 January 2001 the respondent (patentee) requested revocation of the patent.
Reasons for the Decision
1. The appeal is admissible.
2. It follows from Article 113(2) EPC that a European patent cannot be maintained against the proprietor's will. Thus, in view of the respondent's request for revocation of the patent, the present European patent has to be revoked (cf. T 186/84, OJ EPO 1986, 79).
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The European patent No. 0 648 008 is revoked.