T 0026/88 (Automatic Revocation) of 07.07.1989
- European Case Law Identifier
- ECLI:EP:BA:1989:T002688.19890707
- Date of decision
- 7 July 1989
- Case number
- T 0026/88
- Petition for review of
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- Application number
- 81200005.7
- IPC class
- -
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
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- Abstracts for this decision
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- Application title
- -
- Applicant name
- Akzo
- Opponent name
- Pennwalt Corporation
- Board
- 3.3.01
- Headnote
1. If the time limit for carrying out the requirements of Article 102(4), (5) EPC is not observed, the patent is automatically revoked by operation of law immediately upon expiry of such time limit: no decision is required to cause revocation to occur.
2. A document issued after expiry of such a time limit and stating that the patent is revoked should not in its context be interpreted as a decision within the meaning of Article 106(1) EPC, but as a notification of the revocation of the patent which has already occurred. No appeal therefore lies from such a document.
- Relevant legal provisions
- European Patent Convention Art 102(3) 1973European Patent Convention Art 102(4) 1973European Patent Convention Art 102(5) 1973European Patent Convention Art 106(1) 1973European Patent Convention Art 68 1973European Patent Convention R 58(5) 1973
- Keywords
- Patent maintained in amended form
Printing fee not paid and translation not filed within time limit
Patent revoked automatically immediately upon expiry of time limit
Documents issued by the EPO not decisions
Appeal non-existant - Catchword
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- Cited cases
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ORDER
For these reasons it is decided that:
1. The request for referral of a question of law to the Enlarged Board is rejected.
2. The case is remitted to the Opposition Division in order that the following outstanding issues be decided, namely:
(i) The question whether the amended Rule 58 EPC set out in the Decision of the Administrative Council which entered into force on 1 April 1989 is applicable to the present case;
(ii) the application for re-establishment under Article 122 EPC filed on 22 December 1987.
3. The appeal fee is to be refunded.