Decisions

Recent decisions

Overview

T 0619/23 10-04-2025

European Case Law Identifier
ECLI:EP:BA:2025:T061923.20250410
Date of decision
Case number
T 0619/23
Petition for review of
-
Application number
14791015.2
IPC class
A61F 13/49
A61F 13/496
A61L 15/46
A61F 13/494
A61F 13/532
Language of proceedings
EN
Distribution
NO DISTRIBUTION (D)

Download and more information:

Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

ABSORBENT GARMENT

Applicant name
Knix Wear Inc.
Opponent name
THE PROCTER & GAMBLE COMPANY
Board
3.2.06
Headnote
-
Relevant legal provisions
European Patent Convention Art 113(2)
Keywords

Basis of decision - text or agreement to text withdrawn by patent proprietor

Basis of decision - patent revoked

Catchword
-
Cited decisions
-
Citing decisions
-

I. Appeals were filed by both the opponent and the patent proprietor against the interlocutory decision of the opposition division that found auxiliary request 1 to meet the requirements of the EPC.

II. The appellant/patent proprietor requested that the decision under appeal be set aside and the patent be maintained as granted (main request) or, alternatively, that the patent be maintained in amended form according to auxiliary requests 1 to 12, filed with its statement of grounds of appeal.

III. The appellant/opponent requested that the decision under appeal be set aside and the patent be revoked.

IV. The Board issued a summons to oral proceedings and a subsequent communication indicating its preliminary view on several issues of the case.

V. At the oral proceedings before the Board, the appellant/patent proprietor withdrew its appeal and all its requests on file and stated that it had no further requests. The appellant/opponent maintained its initial requests.

1. Pursuant to Article 113(2) EPC, the EPO shall examine, and decide upon a European patent only in the text submitted to it, or agreed, by the patent proprietor. Such an agreement cannot be deemed to exist where the patent proprietor withdraws all pending requests, and proposes no text for maintenance of the patent, which can only be understood as disapproval of any text for maintenance of the patent.

2. In such a case, there is no text of the patent on the basis of which the Board can order maintenance of the patent in any form. Under these circumstances, the proceedings are to be terminated by a decision ordering revocation of the patent, without examination as to patentability (see e.g. Case Law of the Boards of Appeal of the European Patent Office, 10**(th) edition 2022, IV.D.2).

Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The patent is revoked.