|European Case Law Identifier:||ECLI:EP:BA:2020:T084617.20200604|
|Date of decision:||04 June 2020|
|Case number:||T 0846/17|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Unit dose detergent for cleaning a coffee machine|
|Applicant name:||Diversey, Inc.|
|Opponent name:||Henkel AG & Co. KGaA|
|Relevant legal provisions:||
|Keywords:||Lapse of patent in all designated states - termination of appeal proceedings|
Summary of Facts and Submissions
I. The present appeal lies from the decision of the opposition division rejecting the opposition against European patent no. 1 829 954.
II. By communication of the Board of 4 March 2020, the parties' attention was drawn to the fact that the patent had lapsed with effect for all designated Contracting States. Pursuant to Rules 84(1) and 100(1) EPC, the appellant (opponent) was invited to inform the board, within two months from notification of the communication, whether it requested a continuation of the appeal proceedings. Further it was informed that if no request for continuation of proceedings was received in due time, the appeal proceedings would be discontinued.
III. No reply from the appellant was received within the set time period.
Reasons for the Decision
1. Rule 84(1) EPC provides that if "the European patent has been surrendered in all the designated Contracting States or has lapsed in all those States, the opposition proceedings may be continued at the request of the opponent filed within two months of a communication from the European Patent Office informing him of the surrender or lapse". According to Rule 100(1) EPC, Rule 84(1) EPC also applies in opposition-appeal proceedings.
2. If no request for continuation of the proceedings is filed within the set time period the appeal proceedings are to be terminated (see decisions T 329/88 of 22 June 1993; T 165/95 of 7 July 1997; T 749/01 of 23 August 2002; T 436/02 of 25 June 2004; T 289/06 of 17 December 2007).
3. In the present case, the notification of the lapse within the meaning of Rule 84(1) EPC was sent to the appellant on 4 March 2020. Thus, the period of two months for requesting continuation of the appeal proceedings ended on 14 May 2020 (Rule 126(2) EPC). No request for continuation of the appeal proceedings was received from the appellant within the set time period. Hence, the appeal proceedings are to be terminated.
For these reasons it is decided that:
The appeal proceedings are terminated.