T 0268/16 (Microphone system/OTICON) of 16.7.2019

European Case Law Identifier: ECLI:EP:BA:2019:T026816.20190716
Date of decision: 16 July 2019
Case number: T 0268/16
Application number: 03779711.5
IPC class: H04R 25/00
H04R 3/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 222 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Applicant name: OTICON A/S
Opponent name: Sivantos GmbH
Board: 3.5.03
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 0520/10
Citing decisions:

Summary of Facts and Submissions

I. This case concerns an appeal filed by the patent proprietor against the decision of the opposition division revoking European patent No. 1 579 728.

II. According to the European Patent Register, European patent No 1 579 728 has lapsed in all designated contracting states. By communication dated 9 April 2019, the attention of the parties was drawn to Rule 84(1) EPC and the appellant (patent proprietor) was asked whether he wanted the appeal proceedings to be continued.

III. There was no reply to the communication (the receipt of the communication was confirmed by the appellant in a submission dated 3 July 2019).

Reasons for the Decision

According to the jurisprudence of the Boards of Appeal (see, e.g., T 520/10, point 1 of the reasons), when the patent proprietor is the sole appellant and the patent has lapsed in all contracting states, by analogy to Rule 84(1) EPC in connection with Rule 100(1) EPC, the opposition appeal proceedings may be continued at the request of the patent proprietor, provided that the request is filed within two months from notification of the present communication. No such request has been filed. In consequence, the proceedings are terminated.


For these reasons it is decided that:

The appeal proceedings are terminated.

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