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T 2311/11 (Lapse of the patent) of 17.7.2014

European Case Law Identifier: ECLI:EP:BA:2014:T231111.20140717
Date of decision: 17 July 2014
Case number: T 2311/11
Application number: 98910422.9
IPC class: A61F 2/06
A61F 2/92
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 211.120K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Applicant name: Endotex Interventional Systems, Inc.
Opponent name: MEDINOL LTD.
Board: 3.2.08
Headnote: -
Relevant legal provisions:
European Patent Convention R 84(1)
European Patent Convention R 100(1)
European Patent Convention R 126(2)
European Patent Convention R 131
European Patent Convention R 133(1)
Keywords: Lapse of patent in all designated states - continuation of appeal proceedings (no)


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. European patent no 0 969 777 was maintained in amended form by decision of the Opposition Division dated 2 September 2011.

II. The opponent filed an appeal against that decision, paid the appeal fee and filed a statement setting out the grounds of appeal within the prescribed periods.

III. On 19 March 2014 the patent proprietor informed the European Patent Office that the patent had lapsed with effect for all the designated Contracting States.

IV. In a communication dispatched on 4 April 2014, the Board informed the opponent that, since the patent had lapsed with effect for all designated Contracting States, the opposition and appeal proceedings would be terminated, by virtue of Rules 84(1) and 100(1) EPC, unless the opponent requested their continuation within two months from notification of the communication.

VI. No submission has been filed by the opponent since the notification of the communication mentioned under point IV.

Reasons for the Decision

1. Rule 84(1) EPC provides that, if the European patent has lapsed in all the designated Contracting States, the opposition proceedings may be continued at the request of the opponent filed within two months from a notification by the EPO informing him of the lapse. Rule 100(1) EPC states that, unless otherwise provided, the provisions relating to proceedings before the department which took the decision impugned shall apply to appeal proceedings.

2. In the present case, the notification of the lapse of the European patent, within the meaning of Rule 84(1) EPC, was sent to the opponent on 4 April 2014. The period for requesting continuation of the opposition and appeal proceedings ended on 16 June 2014 by virtue of Rule 126(2) EPC in conjunction with Rules 131 and 134(1) EPC. Since no such request was filed within that time limit, the opposition and appeal proceedings must be closed.


For these reasons it is decided that:

The opposition and appeal proceedings are closed.

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