T 0795/13 (Modified glycoproteins/GLYCOFI) of 10.1.2019

European Case Law Identifier: ECLI:EP:BA:2019:T079513.20190110
Date of decision: 10 January 2019
Case number: T 0795/13
Application number: 04025648.9
IPC class: C12P 21/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 238 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Methods for producing modified glycoproteins
Applicant name: GlycoFi, Inc.
Opponent name: Glycode
Novartis AG
Board: 3.3.08
Headnote: -
Relevant legal provisions:
European Patent Convention R 84(1)
European Patent Convention R 101(1)
Keywords: Lapse of patent in all designated states - termination of the appeal proceedings


Cited decisions:
T 0329/88
T 0949/09
T 0520/10
T 0480/13
Citing decisions:

Summary of Facts and Submissions

I. The appeal of the patent proprietor (appellant) lies from a decision of an opposition division posted on 21 December 2012, revoking the European patent No. 1 522 590 (application No. 04025648.9) with the title "Methods for producing modified glycoproteins".

II. By a communication pursuant to Rule 84(1) EPC dated 6 July 2018, the board informed the parties that, even though the European patent had lapsed with effect for all the designated Contracting States, the appeal proceedings could be continued at their request, provided that the request was filed within two months from notification of the communication.

III. Following a failure to notify opponent 1 (respondent I), the communication was re-sent to responent I on 12 October 2018.

IV. No request for continuation of the proceedings was received from any of the parties.

Reasons for the Decision

1. Pursuant to Rule 84(1) EPC in conjunction with Rule 100(1) EPC, appeal proceedings may be continued after the European patent has lapsed, if the opponent files a request to this effect within two months of a communication informing him of the lapse (see, inter alia, decisions T 329/88 of 22 June 1993; T 949/09 of 17 October 2012; and T 480/13 of 5 November 2014).

2. According to the jurisprudence of the Boards of Appeal (see, e.g., decision T 520/10 of 11 June 2013), when the patent proprietor has filed an appeal, by analogy to Rule 84(1) in connection with Rule 100(1) EPC the appeal proceedings may be continued also upon request of the patent proprietor.

3. Since no request for continuation of the appeal proceedings was received from any of the parties in due time, the board decides to terminate the appeal proceedings.


For these reasons it is decided that:

The appeal proceedings are terminated.

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