| European Case Law Identifier: | ECLI:EP:BA:2022:T205618.20220704 | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Date of decision: | 04 July 2022 | ||||||||
| Case number: | T 2056/18 | ||||||||
| Application number: | 02721464.2 | ||||||||
| IPC class: | A61Q 5/08 A61Q 5/10 A61K 8/49 A61K 8/41 A61K 8/44 A61K 8/46 A61K 8/368 |
||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
| Download and more information: |
|
||||||||
| Title of application: | COMPOSITION FOR SIMULTANEOUSLY LIGHTENING AND COLORING HAIR UTILIZING BLEACH-STABLE ACID AND BASIC DYES | ||||||||
| Applicant name: | L'Avant Garde Inc. | ||||||||
| Opponent name: | Henkel AG & Co. KGaA | ||||||||
| Board: | 3.3.10 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
|
||||||||
| Keywords: | Lapse of patent in all designated states - termination of appeal proceedings | ||||||||
| Catchwords: |
- |
||||||||
| Cited decisions: |
|
||||||||
| Citing decisions: |
|
||||||||
Summary of Facts and Submissions
I. The appeals were filed by patent proprietor (appellant II) and opponent (appellant I) against the interlocutory decision of the opposition division, in which it found that the patent in suit in an amended form meets the requirements of the EPC.
II. With a letter dated 31 January 2022, appellant II (patent proprietor) withdrew its appeal.
III. In a communication pursuant to Rule 84(1) EPC dated 22 March 2022 the parties were informed that the 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 request to this effect was filed within two months of notification of the communication.
IV. The appellant (opponent) did not request continuation of the proceedings, and the patent proprietor did not react to said communication either.
Reasons for the Decision
1. It follows from Rule 84(1) EPC in conjunction with Rule 100(1) EPC that opposition or opposition appeal proceedings are not continued after the European patent has lapsed, unless the opponent files a request for their continuation within two months of being notified of the lapse by the European Patent Office (see, e.g., T 2046/18).
2. Since no such request was filed by the appellant (opponent), the proceedings are to be terminated.
Order
For these reasons it is decided that:
The appeal proceedings are terminated.
