T 0740/15 - Termination opposition proceedings

T 0740/15 - [C]
For the decision, click here. 16.11.2015

Key points

• After lapse of a patent, opposition proceedings can only be terminated under Rule 84(1) EPC if the opponent requests so.
• Int this case, " the opponent requested that the opposition proceedings be continued and also maintained his previous request that oral proceedings in accordance with Article 116 EPC be held in the event that the opposition division was inclined to maintain the patent as granted or in amended form. "
• The proceedings were discontinued without oral proceedings.
• Lack of oral proceedings amounts to a substantial procedural violation according to the Board.
• As a note, the OD may have thought that it did not maintain the patent as granted or in amended form, such that the request for oral proceedings did not apply. The Board does not discuss this aspect.
• Lack of reasoning of the decision was also considered a substantial procedural violation.
• The Board also considers that the opposition proceedings should not have been discontinued. As a note, I understand that the opponent referred in its request for continuation to the possibility that the patentee would still pay the national renewal fees (late) or restore the patent, while the decision to discontinue seems to have been taken after the expiry of that period. Of course, the opponent could still have an interest in the opposition because of the retroactive effect of revocation, but the request for continuation did not seem to suggest that this was the case.

For the decision, click here.