| European Case Law Identifier: | ECLI:EP:BA:2019:T101516.20190705 | ||||||||
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| Date of decision: | 05 July 2019 | ||||||||
| Case number: | T 1015/16 | ||||||||
| Application number: | 09777586.0 | ||||||||
| IPC class: | A61K 9/20 A61K 31/554 |
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| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | QUETIAPINE COMPOSITION | ||||||||
| Applicant name: | KRKA, tovarna zdravil, d.d., Novo mesto | ||||||||
| Opponent name: | ZBM Patents ApS | ||||||||
| Board: | 3.3.07 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Lapse of patent in all desginated states - (yes) Termination of the appeal proceedings |
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| Catchwords: |
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Summary of Facts and Submissions
I. The appellant (opponent) lodged an appeal against the decision of the opposition division to reject the opposition against European patent EP 2 262 486.
II. In a communication from the Board dated 6 March 2019, the parties were informed that the European patent had lapsed for all designated Contracting States and that the appeal proceedings could be continued at the request of the opponent provided that such a request was filed within two months from the notification of the communication.
III. The opponent did not respond and did not request continuation of the proceedings.
Reasons for the Decision
1. Pursuant to Rule 84(1) EPC, if the European patent has lapsed in all the designated Contracting States, the opposition proceedings may be continued if the opponent files a request to this effect within two months from the notification by the European Patent Office of the lapse. This provision applies to appeal proceedings by virtue of Rule 100(1) EPC.
2. As the appellant did not respond to the communication of the Board and did not request the continuation of the proceedings, these are to be terminated.
3. The opposition and appeal proceedings are terminated.
Order
For these reasons it is decided that:
The opposition and appeal proceedings are terminated.
