T 0006/22 () of 29.8.2022

European Case Law Identifier: ECLI:EP:BA:2022:T000622.20220829
Date of decision: 29 August 2022
Case number: T 0006/22
Application number: 14811285.7
IPC class: A61K 31/202
A61K 31/375
A61K 31/593
A61K 31/05
A61K 35/60
A61K 36/73
A61K 9/107
A23L 2/02
A23L 33/105
A23L 33/115
A23L 33/12
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 233 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: A marine oil formulation comprising resveratrol or derivatives thereof for use in treating, delaying and/or preventing Alzheimer's disease
Applicant name: Smartfish AS
Opponent name: N.V. NUTRICIA
Board: 3.3.04
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 99(2)
European Patent Convention R 101(1)
Keywords: Admissibility of appeal - missing statement of grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal is directed against the opposition division's decision to revoke the patent, handed over to the postal service provider on 12 October 2021.

II. The patent proprietor (appellant) filed a notice of appeal on 22 December 2021 and paid the appeal fee on the same day.

III. By communication of 11 April 2022, the registry of the board informed the appellant that it appeared from the file that the statement of grounds of appeal had not been filed, and that it was therefore to be expected that the appeal would be rejected as inadmissible pursuant to Article 108, third sentence, EPC in conjunction with Rule 101(1) EPC. The appellant was informed that any observations had to be filed within two months of notification of the communication.

IV. No reply was received.

Reasons for the Decision

No statement of grounds of appeal was filed within the four-month time limit provided by Article 108, third sentence, EPC.

In addition, neither the notice of appeal nor any other document filed contains anything that could be regarded as a statement setting out the grounds of appeal pursuant to Article 108 EPC and Rule 99(2) EPC.

Therefore, the appeal has to be rejected as inadmissible pursuant to Rule 101(1) EPCFORMULA/TABLE/GRAPHIC


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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