European Round-Table on Patent Practice (EUROTAB)
|European Case Law Identifier:||ECLI:EP:BA:1988:T041587.19880627|
|Date of decision:||27 June 1988|
|Case number:||T 0415/87|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Preparation of high molecular polytetramethylene|
|Relevant legal provisions:||
|Keywords:||Revocation of Europ. patent at request of proprietor|
Summary of Facts and Submissions
I. In an interlocutory decision dated 6 October 1987, the Opposition Division decided to maintain the patent 0 038 094 in amended form.
II. The Appellant appealed against this decision by a letter filed on 27 November 1987, paid the fee for appeal on the same date and filed a statement of grounds of appeal on 23 January 1988, in which he requested that the patent be revoked.
III. In a letter dated 10 June 1988 the Respondent stated: " ... that Stamicarbon B.V. has decided to withdraw the above application."
Reasons for the Decision
1. The appeal complies with Articles 106 to 108 and Rule 64 EPC and is admissible.
2. Although the Patentee (Respondent) states in his letter dated 10 June 1988 that he withdraws his application, the Board interprets this statement as meaning that he no longer wishes his patent to be maintained, and thus as a request for revocation of the patent. Following the principles stated in Decision T 237/86 dated 11 June 1987 "Abandoned patent/SMS", in the exercise of its powers under Article 111(1) EPC the Board has decided to revoke the European patent.
For these reasons, it is decided that:
The decision of the Opposition Division dated 6 October 1987 is set aside, and European patent No. 0 038 094 is revoked.