T 2442/18 (Encapsulation of food ingredients/COMMONWEALTH RESEARCH ORGANISATION) of 14.1.2022

European Case Law Identifier: ECLI:EP:BA:2022:T244218.20220114
Date of decision: 14 January 2022
Case number: T 2442/18
Application number: 01916753.5
IPC class: A23D 7/00
A23D 9/05
A23L 27/00
A23L 27/21
A23P 10/30
B01J 13/02
B01J 13/12
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 241 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Applicant name: Commonwealth Scientific and Industrial Research Organisation
Opponent name: BASF SE
Board: 3.3.09
Headnote: -
Relevant legal provisions:
European Patent Convention R 84
European Patent Convention R 100(1)
Keywords: Lapse of patent in all designated states - continuation of appeal proceedings (no)


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

Summary of Facts and Submissions

I. This decision concerns the appeals filed by the patent proprietor and the opponent against the interlocutory decision of the opposition division that European patent No. EP 1276387 as amended met the requirements of the EPC.

II. In a communication pursuant to Rule 84(1) EPC issued on 1 October 2021, the parties were informed that the patent had lapsed for all designated Contracting States and that the appeal proceedings might be continued at the request of either party, provided that such request was filed within two months of notification of the communication.

III. Within the time limit set, no request for continuation of the proceedings was filed.

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 appellant files a request to this effect within two months of a communication informing it of the lapse (see, inter alia, T 329/88, T 949/09 and T 480/13).

2. As in the present case neither party has requested a continuation of the appeal proceedings, the appeal proceedings are to be terminated.


For these reasons it is decided that:

The appeal proceedings are terminated.

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