Patent case: Nippon Shokubai Co., Ltd. vs. Basf SE, EPO

Kluwer Patent Blog
May 27, 2020

Please refer to this post as: , ‘Patent case: Nippon Shokubai Co., Ltd. vs. Basf SE, EPO’, Kluwer Patent Blog, May 27 2020, http://patentblog.kluweriplaw.com/2020/05/27/patent-case-nippon-shokubai-co-ltd-vs-basf-se-epo/

Nippon Shokubai filed an opposition against the grant of BASF’s patent. In relation to the payment they filed EPO Form 2300E, which – erroneously – did not indicate any payment method in box X ‘Payment’, which then indicated ‘not specified’. In the accompanying letter the professional representative had indicated that the opposition fee could be deducted from their deposit account.

The Opposition Division held the opposition filed by the professional representative of Nippon Shokubai deemed not to be filed because payment of the opposition fee was not effected in a timely manner under the new rules for automatic debiting (ADA 2017).

Nippon appealed.

Case date: 20 March 2020
Case number: T 1000/19
Court: European Patent Office (EPO), Board of Appeal

A full summary of this case has been published on Kluwer IP Law.