T 0024/20 02-11-2022
USE OF A DEVICE FOR DISTRIBUTING BENEFICIAL ARTHROPODS
I. The opponent appeals against the interlocutory decision of the Opposition Division of the European Patent Office posted on 28 October 2019 concerning maintenance of the European Patent No. 2018100 in amended form.
II. In a communication in preparation for oral proceedings the Board gave a provisional opinion on the relevant issues.
III. In a letter of 26 October 2022, the Respondent (Proprietor) informed the Board as follows "the European patent is herewith unconditionally withdrawn".
IV. An order cancelling oral proceedings set for 21 November 2022 was dispatched on 31 October 2022.
1. The appeal is admissible.
2. In their letter of 26 October 2022, the Respondent (Proprietor) made the following statement:
"However, in view of changes in the proprietor's interests in the patent in most of the designated contracting states, the aforementioned European patent is herewith unconditionally withdrawn.
Confirmation of the withdrawn status of the patent and the termination of the proceedings is requested."
3. The Board interprets this statement as meaning that they no longer wish their patent to be maintained, and thus as a request for revocation of the patent. Following the established jurisprudence of the Boards of Appeal (Case Law of the Boards of Appeal, 10th edition 2022, chapter IV.D.2, cf. in particular decision T 237/86, OJ 1988, 261), in the exercise of its powers under Article 111(1) EPC the Board thus decides to revoke the European patent.
For these reasons it is decided that:
1. The contested decision is set aside
2. The patent is revoked.