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T 0574/08 (Detergent composition/UNILEVER) of 13.7.2011

European Case Law Identifier: ECLI:EP:BA:2011:T057408.20110713
Date of decision: 13 July 2011
Case number: T 0574/08
Application number: 02256296.1
IPC class: C11D 1/83
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.462K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Detergent compositions
Applicant name: Unilever PLC, et al
Opponent name: Henkel AG & Co. KGaA
Board: 3.3.06
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 113(2)
Keywords: Proprietor's request for revocation of the patent


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. In its decision dated 26 February 2008 the Opposition Division rejected the opposition against European patent No. 1 302 531.

II. The Appellant (Opponent) appealed against the decision of the Opposition Division, requesting that the decision under appeal be set aside and that the patent be revoked.

III. In a telefax dated 27 June 2011 the Respondents (proprietors of the patent) stated:

"... please be informed that the proprietors of this patent no longer approve the text in which this patent was granted. In other words, the proprietors of this patent wish that the patent be revoked."

Reasons for the Decision

Since it follows from the provision according to Article 113(2) EPC that a European patent cannot be maintained against the proprietor's will, the present European patent has, therefore, to be revoked.


For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The European patent 1 302 531 is revoked.

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