T 1110/92 () of 29.5.1993

European Case Law Identifier: ECLI:EP:BA:1993:T111092.19930529
Date of decision: 29 May 1993
Case number: T 1110/92
Application number: 85305690.1
IPC class: B31B 37/00
Language of proceedings: EN
Distribution: C
Download and more information:
Decision text in EN (PDF, 121 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Methods for preparing flat-bottom thermoplastic sack and systems therefor
Opponent name: LEMO M. Lehmacher & Sohn GmbH,
Board: 3.2.02
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 68
European Patent Convention 1973 Art 113(2)
Keywords: Request for revocation of the patent from patent proprietor
Basis of decisions - patentee (request for revocation by)


Cited decisions:
T 0186/84
Citing decisions:

Summary of Facts and Submissions

I. In a decision dated 19 November 1992 the Opposition Division rejected the opposition filed against European patent No. 0 215 163.

II. The Appellant appealed against this decision by a letter filed on 16 December 1992 in which he requested that the patent be revoked. He paid the fee for the appeal on the same date and filed a Statement of Grounds of Appeal on 20 March 1993.

III. In a letter dated 7 May 1993 the Respondent stated: "... I revoke this patent leaving no rights outstanding.".

Reasons for the Decision

1. The appeal complies with Articles 106 to 108 and Rule 64 EPC and is admissible.

The Respondent requests the revocation of its European patent.

2. Since it follows from the provision according to Article 113(2) EPC that a European patent cannot be maintained against the proprietor's will, the present European patent has, therefore, to be revoked (cf. decision T 186/84; OJ EPO 1986, 79) and shall, according to Article 68 EPC, be deemed not to have had any effects as from the outset.


For these reasons, it is decided that:

The European patent No. 0 215 163 is revoked with retrospective effect to the filing date.

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