T 1905/16 (Immune molecules/KYOWA KIRIN) of 16.11.2020

European Case Law Identifier: ECLI:EP:BA:2020:T190516.20201116
Date of decision: 16 November 2020
Case number: T 1905/16
Application number: 08002266.8
IPC class: C12N15/09
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 251 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Method of modulating the activity of functional immune molecules
Applicant name: Kyowa Kirin Co., Ltd.
Boehringer Ingelheim Pharma GmbH & Co. KG/
Boehringer Ingelheim International GmbH
König Szynka Tilmann von Renesse
Board: 3.3.08
Headnote: -
Relevant legal provisions:
European Patent Convention R 84(1) (2007)
European Patent Convention R 101(1) (2007)
Keywords: Lapse of patent in all designated states - termination of the appeal proceedings


Cited decisions:
T 0329/88
T 0949/09
T 0480/13
Citing decisions:
T 1521/18
T 1522/18
T 1582/18
T 2261/18

Summary of Facts and Submissions

I. The appeal lies from an interlocutory decision of an opposition division posted on 9 June 2016, in which it was found that, account being taken of the amendments introduced into the claims according to the auxiliary request 4a and the description adapted thereto, the European patent No. 1 914 244 with the title "Method of modulating the activity of functional immune molecules" and the invention to which it relates meet the requirements of the EPC.

II. By a communication dated 4 August 2020, the board informed the parties that the term of the European patent had expired and, consequently, the European patent had lapsed with effect for all the designated Contracting States. Further, the parties were informed that the appeal proceedings could be continued at the request of the opponents, provided that the request was filed within two months from notification of the communication.

III. The appellant (opponent 1) informed the board that it did not wish to continue with the appeal.

IV. No request for continuation of the proceedings was received from the other opponents.

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 it 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 no request for continuation of the appeal proceedings was received from any of the appellants 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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