Guidelines for Examination
PART D
CHAPTER VIII DECISIONS OF THE OPPOSITION DIVISION
1. Final decisions on an admissible opposition
1.2 Revocation of the European patent
1.2.5 Revocation of the patent in the event that the proprietor no longer wishes the patent to be...
 

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PART D
CHAPTER VIII DECISIONS OF THE OPPOSITION DIVISIONCHAPTER VIII DECISIONS OF THE OPPOSITION DIVISION
1. Final decisions on an admissible opposition1. Final decisions on an admissible opposition
1.2 Revocation of the European patent1.2 Revocation of the European patent
  1.2.4 Revocation in the event of requirements not being met until after expiry of time limits1.2.4 Revocation in the event of requirements not being met until after expiry of time limits       
 

1.2.5

Revocation of the patent in the event that the proprietor no longer wishes the patent to be maintained as granted

 

If the proprietor states that he no longer approves the text in which the patent was granted and does not submit an amended text, the patent must be revoked. This also applies when the proprietor requests the patent to be revoked.

 

If a proprietor unambiguously declares to the EPO the surrender (or abandonment or renunciation) of the patent, this is interpreted as equivalent to a request that the patent be revoked (see T 237/86, OJ 7/1988, 261). If the request of the proprietor is not unambiguous, he is given the opportunity to request that the patent be revoked or to declare that he no longer approves of the patent being maintained as granted. This results in the patent being revoked (see Legal Advice 11/82, OJ 2/1982, 57).