| European Case Law Identifier: | ECLI:EP:BA:2019:T064915.20190604 | ||||||||
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| Date of decision: | 04 June 2019 | ||||||||
| Case number: | T 0649/15 | ||||||||
| Application number: | 06125678.0 | ||||||||
| IPC class: | F03D 1/00 F03D 1/06 F03D 11/00 |
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| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | Hub for the rotor of a wind turbine | ||||||||
| Applicant name: | STX Heavy Industries Co., Ltd. Xiangtan Electric Manufacturing Corporation, Ltd. |
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| Opponent name: | Vestas Wind Systems A/S | ||||||||
| Board: | 3.2.04 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Lapse of patent in all designated states | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. The appellant (opponent) lodged an appeal, received on 30 March 2015 against the decision of the opposition division dated 20 January 2015 to reject the opposition against the patent EP 1 933 027, and paid the appeal fee the same day. The statement setting out the grounds of appeal was filed on 29 May 2015.
II. Opposition was filed against the patent as a whole and based on Article 100a) together with 52(1), 54(2) and 56 EPC.
III. The appellant (opponent) requested that the decision under appeal be set aside and that the European patent be revoked.
The respondent (patent proprietor) requested that the appeal be dismissed, in the auxiliary that the decision under appeal be set aside and that the patent be maintained on the basis of the Auxiliary Requests 1 to 3 filed on 13 October 2015.
IV. Oral proceedings were set for 11 February 2019.
V. In response to the summons to attend oral proceedings, the respondent indicated in a letter of 28 June 2018 that it had lost interest in the patent and that all national parts of the patent had expired due to non-payment of annuities, and that it would not therefore attend the oral proceedings.
VI. In a communication of 16 November 2018 , the Board indicated that the Office was still waiting for confirmation of lapse of the patent and invited the appellant to state whether they intended to proceed further with the opposition appeal proceedings in case the communication under Rule 84(1) EPC on lapse were to be issued.
VII. With letter of 6 December 2018 the appellant gave notice that they did not intend to proceed further with the opposition appeal proceedings in case the communication on lapse pursuant to Rule 84(1) EPC was issued.
VIII. By order dated 11 January 2019 oral proceedings were cancelled. This was communicated to the parties with letter of 16 January 2019.
IX. A communication pursuant to Rule 84(1) EPC was dispatched on 16 January 2019. It confirmed that the European patent had lapsed for all the designated Contracting States, and that the appeal proceedings might be continued at the request of the appellant/opponent provided that a corresponding request were filed within two months from notification of this communication.
X. In a letter of 18 February 2019 the appellant waived their right for continuation of the opposition-appeal proceedings.
Reasons for the Decision
1. Pursuant to Rule 84(1) EPC in conjunction with Rule 100(1) EPC, proceedings are discontinued after the European patent has lapsed due to non-payment of the renewal fees, unless there is a request to this effect by the Opponent filed within two month as from the notification by the European Patent Office of the lapse.
2. As in the present case, no such request was made by the appellant-opponent who even has explicitly waived their right for continuation of the opposition-appeal proceedings, the Board concludes that the proceedings can be terminated.
Order
For these reasons it is decided that:
The appeal proceedings are terminated.
