A patent may not be surrendered in opposition proceedings by the proprietor filing a declaration of surrender with the EPO. Such a surrender must be declared before the competent authorities in the designated states in question (see D‑VII, 5.1). Nevertheless, if a proprietor unambiguously declares to the EPO the surrender (or abandonment or renunciation) of the patent, this is deemed equivalent to a request that the patent be revoked (see also D‑VIII, 1.2.5).[Rule 84(1); ]
Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/e_viii_8_4.htm
Date retrieved: 17 May 2021
6 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Implementing Rules
XR.84 EPC Continuation of the opposition proceedings by the European Patent Office of its own motion
EPO Guidelines - D Opposition and Limitation/Revocation Procedures
XGL D VIII 1.2.5 Revocation of the patent in the event that the patent proprietor no longer wishes the patent to be maintained as granted