|European Case Law Identifier:||ECLI:EP:BA:1989:T002688.19890707|
|Date of decision:||07 July 1989|
|Case number:||T 0026/88|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||-|
|Opponent name:||Pennwalt Corporation|
|Headnote:||1. If the time limit for carrying out the requirements of Article 102(4), (5) EPC is not observed, the patent is automatically revoked by operation of law immediately upon expiry of such time limit: no decision is required to cause revocation to occur.
2. A document issued after expiry of such a time limit and stating that the patent is revoked should not in its context be interpreted as a decision within the meaning of Article 106(1) EPC, but as a notification of the revocation of the patent which has already occurred. No appeal therefore lies from such a document.
|Relevant legal provisions:||
|Keywords:||Patent maintained in amended form
Printing fee not paid and translation not filed within time limit
Patent revoked automatically immediately upon expiry of time limit
Documents issued by the EPO not decisions
Date retrieved: 30 December 2018