T 0747/19 (Lapse of the Patent/ LEM) 16-09-2022
CLOSED-LOOP FLUXGATE CURRENT SENSOR
Lapse of patent in all designated states - no request for continuation received within the period prescribed
Lapse of patent in all designated states - termination of appeal proceedings.
I. The opponent appealed the Opposition Division's decision to reject the opposition filed against European patent No 2430469.
II. In a communication pursuant to Rule 84(1) EPC, the Board notified the parties that the European patent had been surrendered or had lapsed with effect for all designated Contracting States and that the appeal proceedings would be discontinued, unless a request for continuation was filed by the opponent/appellant within two months from notification of the communication.
III. A request for continuation of the proceedings was not received within the time period set.
1. Pursuant to Rule 100(1) EPC, unless otherwise provided, the provisions relating to proceedings before the department which has taken the decision impugned shall apply to appeal proceedings.
2. The EPC contains no specific provision concerning continuation of appeal proceedings in case a European Patent has been surrendered or has lapsed.
3. Rule 84(1) EPC is a provision relating to opposition proceedings and provides that, if a European patent has been surrendered or lapsed in all designated Contracting States, the opposition proceedings may be continued at the request of the opponent filed within two months of a communication from the European Patent Office informing him accordingly.
4. In the present appeal proceedings, a communication pursuant to Rule 84(1) EPC was sent to the parties, but no request for continuation was received from the appellant/opponent within the two months period set.
5. There is, hence, no reason for these appeal proceedings to be continued.
For these reasons it is decided that:
The appeal proceedings are terminated.