T 1006/14 (Virus production/MICROBIX) of 15.1.2018

European Case Law Identifier: ECLI:EP:BA:2018:T100614.20180115
Date of decision: 15 January 2018
Case number: T 1006/14
Application number: 04737840.1
IPC class: C12N 7/02
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 234 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Applicant name: Microbix Biosystems Inc.
Opponent name: Novartis Vaccines and Diagnostics, Inc.
Board: 3.3.08
Headnote: -
Relevant legal provisions:
European Patent Convention R 84(1)
European Patent Convention R 100(1)
Keywords: Lapse of patent in all designated states - termination of appeal proceedings


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

Summary of Facts and Submissions

I. The appellant (opponent) lodged an appeal against the decision of an opposition division posted on 20 February 2014, rejecting the opposition to the grant of the European patent No. EP 1 636 352 with the title "Improvements in virus production".

II. By a communication of the Registrar dated 30 November 2017, the appellant was informed that the European patent had lapsed for all the designated contracting states, and that the appeal proceedings could be continued at the appellant's request, provided that a corresponding request was filed within two months from the notification of the communication.

III. By letter dated 22 December 2017, the appellant declared that he did not wish to proceed with the appeal.

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. Since in the present case the appellant (opponent) declared that he does not wish to proceed with the appeal, the board decides to terminate the appeal proceedings.


For these reasons it is decided that:

The appeal proceedings are terminated.

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