European Round-Table on Patent Practice (EUROTAB)
|European Case Law Identifier:||ECLI:EP:BA:1993:T111092.19930529|
|Date of decision:||29 May 1993|
|Case number:||T 1110/92|
|IPC class:||B31B 37/00|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Methods for preparing flat-bottom thermoplastic sack and systems therefor|
|Applicant name:||MOBIL OIL CORPORATION|
|Opponent name:||LEMO M. Lehmacher & Sohn GmbH,|
|Relevant legal provisions:||
|Keywords:||Request for revocation of the patent from patent proprietor
Basis of decisions - patentee (request for revocation by)
Summary of Facts and Submissions
I. In a decision dated 19 November 1992 the Opposition Division rejected the opposition filed against European patent No. 0 215 163.
II. The Appellant appealed against this decision by a letter filed on 16 December 1992 in which he requested that the patent be revoked. He paid the fee for the appeal on the same date and filed a Statement of Grounds of Appeal on 20 March 1993.
III. In a letter dated 7 May 1993 the Respondent stated: "... I revoke this patent leaving no rights outstanding.".
Reasons for the Decision
1. The appeal complies with Articles 106 to 108 and Rule 64 EPC and is admissible.
The Respondent requests the revocation of its European patent.
2. 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 (cf. decision T 186/84; OJ EPO 1986, 79) and shall, according to Article 68 EPC, be deemed not to have had any effects as from the outset.
For these reasons, it is decided that:
The European patent No. 0 215 163 is revoked with retrospective effect to the filing date.