T 2605/17 () of 13.9.2021

European Case Law Identifier: ECLI:EP:BA:2021:T260517.20210913
Date of decision: 13 September 2021
Case number: T 2605/17
Application number: 08795563.9
IPC class: C23F 11/14
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Versions: Unpublished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: Momentive Performance Materials Inc.
Opponent name: Atotech Deutschland GmbH
Board: 3.2.03
Headnote: -
Relevant legal provisions:
European Patent Convention Art 113(2)
Keywords: Basis of decision - revocation of the patent at request of the patent proprietor


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. European patent No. 2 191 042 (the "patent") relates to a process for inhibiting corrosion of metals exposed to water employing ureido silanes as corrosion inhibitors.

II. An opposition was filed against the patent, based on the grounds of Article 100(b) EPC and of Article 100(a) EPC together with both Articles 54 and 56 EPC.

The opposition division found that none of the grounds of opposition prejudiced the maintenance of the patent as granted and therefore rejected the opposition.

This decision was appealed by the opponent (the "appellant").

III. The appellant requested that the decision under appeal be set aside and the patent be revoked.

IV. With the summons to oral proceedings, the Board sent a communication pursuant to Articles 15(1) and 17(2) of the Rules of Procedure of the Boards of Appeal (RPBA) indicating to the parties its preliminary opinion of the case.

V. With letter dated 5 July 2021 the proprietor (the "respondent") withdrew all pending requests and requested the revocation of the patent.

VI. The summons for oral proceedings were thus cancelled.

Reasons for the Decision

1. Article 113(2) EPC states that the European Patent Office confines its considerations in proceedings to the text of the European patent application or the European patent "submitted to it, or agreed, by the applicant or the proprietor of the patent".

2. It follows from Article 113(2) EPC that a European patent cannot be maintained against the Proprietor's will. Thus, in view of the respondent's lack of approval of any text, the present European patent has to be revoked.


For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The patent is revoked.

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