T 0621/18 (Surrender or lapse of patent/ Second Sight Medical Products Inc.) 23-04-2021
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AUTOMATIC FITTING FOR A VISUAL PROSTHESIS
Summary of Facts and Submissions
I. The appeal was filed by the opponent (appellant) against the decision of the Opposition Division, in which it rejected the opposition filed against the patent in suit (hereinafter "the patent").
II. In a communication pursuant to Rule 84(1) EPC dated 10 August 2020 the parties were informed that the patent had lapsed for all the designated Contracting States and that the appeal proceedings might be continued at the request of the appellant/opponent, provided that a request to this effect was filed within two months of notification of the communication.
III. The appellant/opponent did not request continuation of the proceedings.
Reasons for the Decision
1. It follows from Rule 84(1) EPC in conjunction with Rule 100(1) EPC that proceedings are not continued after the European patent has lapsed, unless the appellant files a request for their continuation within two months of being notified of the lapse by the European Patent Office.
2. Since no such request was filed by the appellant, the proceedings are to be terminated by a decision of the Board.
Order
For these reasons it is decided that:
The appeal proceedings are terminated.