| European Case Law Identifier: | ECLI:EP:BA:2025:T145423.20250724 | ||||||||
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| Date of decision: | 24 July 2025 | ||||||||
| Case number: | T 1454/23 | ||||||||
| Application number: | 16781592.7 | ||||||||
| IPC class: | A61L 15/58 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | HYBRID SILICONE AND ACRYLIC ADHESIVE COVER FOR USE WITH WOUND TREATMENT | ||||||||
| Applicant name: | Solventum Intellectual Properties Company | ||||||||
| Opponent name: | Lohmann & Rauscher GmbH ConvaTec Limited Paul Hartmann AG |
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| Board: | 3.3.02 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Basis of decision - text or agreement to text withdrawn by patent proprietor Basis of decision - patent revoked |
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Summary of Facts and Submissions
I. This decision concerns the appeals filed by the patent proprietor and opponent 3 against the opposition division's decision that European patent No. 3 349 807 (patent) in amended form meets the requirements of the EPC.
II. In preparation for the oral proceedings, which had been arranged at the parties' requests, the board issued a communication under Article 15(1) RPBA.
III. Oral proceedings before the board were held by mixed-mode videoconference on 24 July 2025 in the presence of the patent proprietor and opponent 3. Opponents 1 and 2 participated remotely.
During the oral proceedings, the patent proprietor withdrew:
- its appeal
- its consent and agreement under Article 113(2) EPC to the text of the patent as granted
- all requests on file
At the end of the oral proceedings, the chair announced the order contained in the present decision.
Reasons for the Decision
1. According to the principle of party disposition established by 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.
2. The patent proprietor has withdrawn its consent to maintaining the patent as granted. Following the withdrawal of all requests on file, there are no longer any amended versions of the patent on the basis of which the board could examine whether the requirements of the EPC have been met.
3. According to the established case law of the boards of appeal since decision T 73/84 (OJ EPO 1985, 241), the patent must be revoked in such circumstances without further examination.
4. Since the patent proprietor had withdrawn its appeal at the oral proceedings before the final decision was announced, its appeal shall be reimbursed at 25% (Rule 103(4)(a) EPC).
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.
