T 0698/24 - Disapproval text by proprietor/appellant

Key points

• The proprietor filed an appeal against the decision to revoke the patent.
• "VI. With letter dated 15 May 2026, the appellant declared that they did no longer approve the granted text of the patent, that all requests were thereby withdrawn, including the request for oral proceedings and that they also did not intend to file any other text for amendment of the patent in the present proceedings. "
• Is the appeal fee to be reimbursed in part?
• " The present Board follows the analysis in T 2684/18 and agrees with the second approach. It is established case law that a request for withdrawal of an appeal should only be accepted without question if it is completely unqualified and unambiguous (Case Law of the Boards of Appeal, 11th edition 2025, V.A.7.3.5). If the patent proprietor, instead of withdrawing the appeal (which would involve a partial refund of the appeal fee), does not choose this path but declares a non-approval of the text of the patent in any form, this is in the view of the Board a deliberate choice and can thus not be interpreted as an unambiguous withdrawal of the appeal. "
• The patent is revoked without oral proceedings.

EPO 

The link to the decision is provided after the jump.

https://www.epo.org/en/boards-of-appeal/decisions/t240698eu1