T 0508/96 () of 13.3.2000

European Case Law Identifier: ECLI:EP:BA:2000:T050896.20000313
Date of decision: 13 March 2000
Case number: T 0508/96
Application number: 88305718.4
IPC class: A61K 31/71
Language of proceedings: EN
Distribution: C
Download and more information:
Decision text in EN (PDF, 14 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Drug emulsion
Applicant name: The University of Nottingham
Opponent name: Yoshitomi Pharmaceutical Industries, Ltd.
Taisho Pharmaceutical Co., Ltd.
Board: 3.3.02
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 111(1)
Keywords: Revocation of European patent as consequence of patentee stating: 'He no longer approves of the text of the patent that was granted'


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. In a decision posted on 1 April 1996, the Opposition Division maintained the European patent No. 296 845 in amended form.

II. On 31 May 1996 the Appellant (Opponent) appealed against this decision and paid the appropriate fees on the same date. Statements of Grounds were filed on 12. August 1996 in which the Appellant requested that the patent be revoked.

III. In a letter dated 3 March 2000 the representative of the Respondent (proprietor of the patent) stated "the patentee no longer approves of the text of the patent that was granted".

Reasons for the Decision

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

2. The Respondent made it clear through his representative that he no longer approves of the text in which the patent was granted. Since he did not submit an amended text on which further prosecution of the appeal could be based, the patent must be revoked (see Decision T 73/84, OJ EPO 1985, 241).


For these reasons it is decided that:

1. The decision of the Opposition Division is set aside.

2. The patent is revoked.

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