| European Case Law Identifier: | ECLI:EP:BA:2020:T208516.20200407 | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Date of decision: | 07 April 2020 | ||||||||
| Case number: | T 2085/16 | ||||||||
| Application number: | 08788450.8 | ||||||||
| IPC class: | F04D25/06 F04D25/08 F04D29/68 F04F5/16 F04F5/46 |
||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
| Download and more information: |
|
||||||||
| Title of application: | A FAN | ||||||||
| Applicant name: | Dyson Technology Limited | ||||||||
| Opponent name: | German Pool (Deutschland) GmbH | ||||||||
| Board: | 3.2.04 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
|
||||||||
| Keywords: | Basis of decision - revocation of the patent at request of the patent proprietor | ||||||||
| Catchwords: |
- |
||||||||
| Cited decisions: |
|
||||||||
| Citing decisions: |
|
||||||||
Summary of Facts and Submissions
I. The appeal lies from the interlocutory decision of the opposition division, posted on 4 July 2016 concerning maintenance of the European Patent No. 2 232 077 in amended form pursuant to Article 101(3)(a) EPC.
II. Opposition was filed under Articles 100(a) and 100(c) EPC. The opposition division held that the patent in an amended form and the invention to which it related met the requirements of the EPC.
III. The opponent filed its notice of appeal against the decision on 7 September 2016, and simultaneously paid the appeal fee. The statement setting out the grounds of appeal was received on 14 November 2016.
IV. In preparation for oral proceedings the board issued a communication pursuant to Article 15(1) RPBA dated 16 October 2019 setting out its provisional opinion.
V. The respondent proprietor stated with letter dated 12 March 2020 its wish to actively revoke the patent with immediate effect, and that it would not be attending the oral proceedings. The oral proceedings scheduled for 20 May 2020 were cancelled.
Reasons for the Decision
1. The appeal is admissible.
2. Pursuant to Article 113(2) EPC, the EPO shall examine, and decide upon, the European patent only in the text submitted to it, or agreed, by the proprietor of the patent. It is settled jurisprudence that an explicit request of a proprietor to revoke its patent with immediate effect implies that it no longer approves the text in which the patent had been maintained, either as granted or amended, and will not be submitting an amended text (T 186/84, OJ EPO 1986, 79, cited in CLBA, 9th edition 2019, IV.D.2). The Board interprets the proprietor's request for revocation likewise, that they no longer approve the text of the upheld patent and are not submitting an amended text. The agreement required by Article 113(2) EPC is thus deemed not to exist.
There is therefore no text of the patent which the Board could consider in the appeal. The proceedings are to be terminated by a decision ordering revocation of the patent, without examination as to patentability.
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.
