1.1. Surrender of patent

Under the provisions of the EPC 1973, the patent proprietor was unable to terminate the proceedings by informing the EPO of his surrender of the European patent, since this was not provided for in the EPC 1973; at this stage in the proceedings, notices of surrender had to be addressed, as far as national law permitted, to the national authorities of the designated contracting states (T 73/84, OJ 1985, 241; G 1/90, OJ 1991, 275; see T 123/85, OJ 1989, 336 and T 196/91). Under the provisions of the EPC 2000 the patent proprietor may request that the European patent be revoked pursuant to Art. 105a EPC. The existence of this procedure does however not preclude patent proprietors from giving notices of surrender to national authorities.

Neither the surrender of a patent nor its lapse has retroactive effect. Both therefore have to be distinguished from revocation, which takes effect from the outset (Art. 68 EPC).