28 Jun 2018

T 0040/15 - Appeal after lapse

Key points

  • In this opposition appeal, the appeal continues after 20 year patent term, because the opponent (appellant) requested so. The application at issue is a Euro-PCT application,(not a divisional appication). The entry into the EP regional phase was  in 2007, supplementary searhc report in 2011, grant in 2012, decision OD in 2014. 
  • The patent is revoked as not novel over D7, filed with the Statement of grounds. 



EPO T 0040/15  - link

1. Rule 84(1) EPCReasons for the Decision
Although the European patent in suit had lapsed in all the designated Contracting States, the appellant requested that the opposition appeal proceedings be continued in response to a communication of the Board under Rule 84(1) EPC informing the appellant of the lapse. Consequently, the Board continued the appeal proceedings.

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