2.1. Surrender of patent

The patent proprietor is unable to terminate the proceedings by informing the EPO of the surrender of the European patent, since this is not provided for in the EPC; notices of surrender have to be addressed, as far as national law permits, to the national authorities of the designated contracting states (as already established in earlier decisions, such as T 73/84, OJ 1985, 241; G 1/90, OJ 1991, 275; see T 123/85, OJ 1989, 336 and T 196/91). Under the provisions of the EPC 2000 the patent proprietor may request that the European patent be revoked pursuant to Art. 105a EPC. The existence of this procedure as well as the possibility of requesting revocation during opposition and opposition appeal proceedings (see chapter IV.D. “Limitation/revocation”) do however not preclude patent proprietors from giving notices of surrender to national authorities.

Neither the surrender of a patent nor its lapse has retroactive effect. Both therefore have to be distinguished from revocation, which takes effect from the outset (Art. 68 EPC).