European Round-Table on Patent Practice (EUROTAB)
|European Case Law Identifier:||ECLI:EP:BA:1996:T045292.19960110|
|Date of decision:||10 January 1996|
|Case number:||T 0452/92|
|IPC class:||A61K 9/16|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Long-acting nifedipine preparation|
|Applicant name:||KANEBO, LTD.|
|Opponent name:||Hexal-Pharma GmbH & Co. KG|
|Relevant legal provisions:||
|Keywords:||Revocation of European patent at request of the proprietor|
Summary of Facts and Submissions
I. In a decision posted 23 March 1992, the Opposition Division decided to reject the opposition filed against European patent No. 0 142 561.
II. The Opponent appealed against this decision by a letter filed on 13 May 1992, paid the fee for appeal on the same date and filed a statement of grounds of appeal on 23. July 1992. He requested that the patent be revoked.
III. In a letter dated 3 January 1996 the Patentee (Respondent) stated: "It is hereby requested that the patent in suit be revoked in its entirety."
Reasons for the Decision
1. The appeal complies with Articles 106 to 108 and Rule 64 EPC and is admissible.
2. The Patentee (Respondent) has made clear in his letter dated 3 January 1996 that he wishes his patent to be revoked. The Board can therefore in exercise of its power under Article 111(1) EPC decide to revoke the European patent (see Decisions T 186/84, OJ EPO 1986, 79 and T 237/86, OJ EPO 1988, 261).
For these reasons it is decided that:
The decision of the Opposition Division is set aside and European patent No. 0 142 561 is revoked.