Skip to main content Skip to footer
HomeHome
 
  • Homepage
  • Searching for patents

    Patent knowledge

    Access our patent databases and search tools.

    Go to overview 

    • Overview
    • Technical information
      • Overview
      • Espacenet - patent search
      • European Publication Server
      • EP full-text search
    • Legal information
      • Overview
      • European Patent Register
      • European Patent Bulletin
      • European Case Law Identifier sitemap
      • Third-party observations
    • Business information
      • Overview
      • PATSTAT
      • IPscore
      • Technology insight reports
    • Data
      • Overview
      • Technology Intelligence Platform
      • Linked open EP data
      • Bulk data sets
      • Web services
      • Coverage, codes and statistics
    • Technology platforms
      • Overview
      • Plastics in transition
      • Water innovation
      • Space innovation
      • Technologies combatting cancer
      • Firefighting technologies
      • Clean energy technologies
      • Fighting coronavirus
    • Helpful resources
      • Overview
      • First time here?
      • Asian patent information
      • Patent information centres
      • Patent Translate
      • Patent Knowledge News
      • Business and statistics
      • Unitary Patent information in patent knowledge
    Image
    Plastics in Transition

    Technology insight report on plastic waste management

  • Applying for a patent

    Applying for a patent

    Practical information on filing and grant procedures.

    Go to overview 

    • Overview
    • European route
      • Overview
      • European Patent Guide
      • Oppositions
      • Oral proceedings
      • Appeals
      • Unitary Patent & Unified Patent Court
      • National validation
      • Request for extension/validation
    • International route (PCT)
      • Overview
      • Euro-PCT Guide – PCT procedure at the EPO
      • EPO decisions and notices
      • PCT provisions and resources
      • Extension/validation request
      • Reinforced partnership programme
      • Accelerating your PCT application
      • Patent Prosecution Highway (PPH)
      • Training and events
    • National route
    • Find a professional representative
    • MyEPO services
      • Overview
      • Understand our services
      • Get access
      • File with us
      • Interact with us on your files
      • Online Filing & fee payment outages
    • Forms
      • Overview
      • Request for examination
    • Fees
      • Overview
      • European fees (EPC)
      • International fees (PCT)
      • Unitary Patent fees (UP)
      • Fee payment and refunds
      • Warning

    UP

    Find out how the Unitary Patent can enhance your IP strategy

  • Law & practice

    Law & practice

    European patent law, the Official Journal and other legal texts.

    Go to overview 

    • Overview
    • Legal texts
      • Overview
      • European Patent Convention
      • Official Journal
      • Guidelines
      • Extension / validation system
      • London Agreement
      • National law relating to the EPC
      • Unitary patent system
      • National measures relating to the Unitary Patent
    • Court practices
      • Overview
      • European Patent Judges' Symposium
    • User consultations
      • Overview
      • Ongoing consultations
      • Completed consultations
    • Substantive patent law harmonisation
      • Overview
      • The Tegernsee process
      • Group B+
    • Convergence of practice
    • Options for professional representatives
    Image
    Law and practice scales 720x237

    Keep up with key aspects of selected BoA decisions with our monthly "Abstracts of decisions”

  • News & events

    News & events

    Our latest news, podcasts and events, including the European Inventor Award.

    Go to overview 

     

    • Overview
    • News
    • Events
    • European Inventor Award
      • Overview
      • The meaning of tomorrow
      • About the award
      • Categories and prizes
      • Meet the finalists
      • Nominations
      • European Inventor Network
      • The 2024 event
    • Young Inventor Prize
      • Overview
      • About the prize
      • Nominations
      • The jury
      • The world, reimagined
    • Press centre
      • Overview
      • Patent Index and statistics
      • Search in press centre
      • Background information
      • Copyright
      • Press contacts
      • Call back form
      • Email alert service
    • Innovation and patenting in focus
      • Overview
      • Water-related technologies
      • CodeFest
      • Green tech in focus
      • Research institutes
      • Women inventors
      • Lifestyle
      • Space and satellites
      • The future of medicine
      • Materials science
      • Mobile communications
      • Biotechnology
      • Patent classification
      • Digital technologies
      • The future of manufacturing
      • Books by EPO experts
    • "Talk innovation" podcast

    Podcast

    From ideas to inventions: tune into our podcast for the latest in tech and IP

  • Learning

    Learning

    The European Patent Academy – the point of access to your learning

    Go to overview 

    • Overview
    • Learning activities and paths
      • Overview
      • Learning activities
      • Learning paths
    • EQE and EPAC
      • Overview
      • EQE - European qualifying examination
      • EPAC - European patent administration certification
      • CSP – Candidate Support Programme
    • Learning resources by area of interest
      • Overview
      • Patent granting
      • Technology transfer and dissemination
      • Patent enforcement and litigation
    • Learning resources by profile
      • Overview
      • Business and IP managers
      • EQE and EPAC Candidates
      • Judges, lawyers and prosecutors
      • National offices and IP authorities
      • Patent attorneys and paralegals
      • Universities, research centres and technology transfer centres (TTOs)
    Image
    Patent Academy catalogue

    Have a look at the extensive range of learning opportunities in the European Patent Academy training catalogue

  • About us

    About us

    Find out more about our work, values, history and vision

    Go to overview 

    • Overview
    • The EPO at a glance
    • 50 years of the EPC
      • Overview
      • Official celebrations
      • Member states’ video statements
      • 50 Leading Tech Voices
      • Athens Marathon
      • Kids’ collaborative art competition
    • Legal foundations and member states
      • Overview
      • Legal foundations
      • Member states of the European Patent Organisation
      • Extension states
      • Validation states
    • Administrative Council and subsidiary bodies
      • Overview
      • Communiqués
      • Calendar
      • Documents and publications
      • Administrative Council
    • Principles & strategy
      • Overview
      • Our mission, vision, values and corporate policy
      • Strategic Plan 2028
      • Towards a New Normal
    • Leadership & management
      • Overview
      • President António Campinos
      • Management Advisory Committee
    • Sustainability at the EPO
      • Overview
      • Environmental
      • Social
      • Governance and Financial sustainability
    • Services & activities
      • Overview
      • Our services & structure
      • Quality
      • Consulting our users
      • European and international co-operation
      • European Patent Academy
      • Chief Economist
      • Ombuds Office
      • Reporting wrongdoing
    • Observatory on Patents and Technology
      • Overview
      • Innovation actors
      • Policy and funding
      • Tools
      • About the Observatory
    • Procurement
      • Overview
      • Procurement forecast
      • Doing business with the EPO
      • Procurement procedures
      • Sustainable Procurement Policy
      • About eTendering and electronic signatures
      • Procurement portal
      • Invoicing
      • General conditions
      • Archived tenders
    • Transparency portal
      • Overview
      • General
      • Human
      • Environmental
      • Organisational
      • Social and relational
      • Economic
      • Governance
    • Statistics and trends
      • Overview
      • Statistics & Trends Centre
      • Patent Index 2024
      • EPO Data Hub
      • Clarification on data sources
    • History
      • Overview
      • 1970s
      • 1980s
      • 1990s
      • 2000s
      • 2010s
      • 2020s
    • Art collection
      • Overview
      • The collection
      • Let's talk about art
      • Artists
      • Media library
      • What's on
      • Publications
      • Contact
      • Culture Space A&T 5-10
      • "Long Night"
    Image
    Patent Index 2024 keyvisual showing brightly lit up data chip, tinted in purple, bright blue

    Track the latest tech trends with our Patent Index

 
en de fr
  • Language selection
  • English
  • Deutsch
  • Français
Main navigation
  • Homepage
    • Go back
    • New to patents
  • New to patents
    • Go back
    • Your business and patents
    • Why do we have patents?
    • What's your big idea?
    • Are you ready?
    • What to expect
    • How to apply for a patent
    • Is it patentable?
    • Are you first?
    • Patent quiz
    • Unitary patent video
  • Searching for patents
    • Go back
    • Overview
    • Technical information
      • Go back
      • Overview
      • Espacenet - patent search
        • Go back
        • Overview
        • National patent office databases
        • Global Patent Index (GPI)
        • Release notes
      • European Publication Server
        • Go back
        • Overview
        • Release notes
        • Cross-reference index for Euro-PCT applications
        • EP authority file
        • Help
      • EP full-text search
    • Legal information
      • Go back
      • Overview
      • European Patent Register
        • Go back
        • Overview
        • Release notes archive
        • Register documentation
          • Go back
          • Overview
          • Deep link data coverage
          • Federated Register
          • Register events
      • European Patent Bulletin
        • Go back
        • Overview
        • Download Bulletin
        • EP Bulletin search
        • Help
      • European Case Law Identifier sitemap
      • Third-party observations
    • Business information
      • Go back
      • Overview
      • PATSTAT
      • IPscore
        • Go back
        • Release notes
      • Technology insight reports
    • Data
      • Go back
      • Overview
      • Technology Intelligence Platform
      • Linked open EP data
      • Bulk data sets
        • Go back
        • Overview
        • Manuals
        • Sequence listings
        • National full-text data
        • European Patent Register data
        • EPO worldwide bibliographic data (DOCDB)
        • EP full-text data
        • EPO worldwide legal event data (INPADOC)
        • EP bibliographic data (EBD)
        • Boards of Appeal decisions
      • Web services
        • Go back
        • Overview
        • Open Patent Services (OPS)
        • European Publication Server web service
      • Coverage, codes and statistics
        • Go back
        • Weekly updates
        • Updated regularly
    • Technology platforms
      • Go back
      • Overview
      • Plastics in transition
        • Go back
        • Overview
        • Plastics waste recovery
        • Plastics waste recycling
        • Alternative plastics
      • Innovation in water technologies
        • Go back
        • Overview
        • Clean water
        • Protection from water
      • Space innovation
        • Go back
        • Overview
        • Cosmonautics
        • Space observation
      • Technologies combatting cancer
        • Go back
        • Overview
        • Prevention and early detection
        • Diagnostics
        • Therapies
        • Wellbeing and aftercare
      • Firefighting technologies
        • Go back
        • Overview
        • Detection and prevention of fires
        • Fire extinguishing
        • Protective equipment
        • Post-fire restoration
      • Clean energy technologies
        • Go back
        • Overview
        • Renewable energy
        • Carbon-intensive industries
        • Energy storage and other enabling technologies
      • Fighting coronavirus
        • Go back
        • Overview
        • Vaccines and therapeutics
          • Go back
          • Overview
          • Vaccines
          • Overview of candidate therapies for COVID-19
          • Candidate antiviral and symptomatic therapeutics
          • Nucleic acids and antibodies to fight coronavirus
        • Diagnostics and analytics
          • Go back
          • Overview
          • Protein and nucleic acid assays
          • Analytical protocols
        • Informatics
          • Go back
          • Overview
          • Bioinformatics
          • Healthcare informatics
        • Technologies for the new normal
          • Go back
          • Overview
          • Devices, materials and equipment
          • Procedures, actions and activities
          • Digital technologies
        • Inventors against coronavirus
    • Helpful resources
      • Go back
      • Overview
      • First time here?
        • Go back
        • Overview
        • Basic definitions
        • Patent classification
          • Go back
          • Overview
          • Cooperative Patent Classification (CPC)
        • Patent families
          • Go back
          • Overview
          • DOCDB simple patent family
          • INPADOC extended patent family
        • Legal event data
          • Go back
          • Overview
          • INPADOC classification scheme
      • Asian patent information
        • Go back
        • Overview
        • China (CN)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Chinese Taipei (TW)
          • Go back
          • Overview
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • India (IN)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
        • Japan (JP)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Korea (KR)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Russian Federation (RU)
          • Go back
          • Overview
          • Facts and figures
          • Numbering system
          • Searching in databases
        • Useful links
      • Patent information centres (PATLIB)
      • Patent Translate
      • Patent Knowledge News
      • Business and statistics
      • Unitary Patent information in patent knowledge
  • Applying for a patent
    • Go back
    • Overview
    • European route
      • Go back
      • Overview
      • European Patent Guide
      • Oppositions
      • Oral proceedings
        • Go back
        • Oral proceedings calendar
          • Go back
          • Calendar
          • Public access to appeal proceedings
          • Public access to opposition proceedings
          • Technical guidelines
      • Appeals
      • Unitary Patent & Unified Patent Court
        • Go back
        • Overview
        • Unitary Patent
          • Go back
          • Overview
          • Legal framework
          • Main features
          • Applying for a Unitary Patent
          • Cost of a Unitary Patent
          • Translation and compensation
          • Start date
          • Introductory brochures
        • Unified Patent Court
      • National validation
      • Extension/validation request
    • International route
      • Go back
      • Overview
      • Euro-PCT Guide
      • Entry into the European phase
      • Decisions and notices
      • PCT provisions and resources
      • Extension/validation request
      • Reinforced partnership programme
      • Accelerating your PCT application
      • Patent Prosecution Highway (PPH)
        • Go back
        • Patent Prosecution Highway (PPH) programme outline
      • Training and events
    • National route
    • MyEPO services
      • Go back
      • Overview
      • Understand our services
        • Go back
        • Overview
        • Exchange data with us using an API
          • Go back
          • Release notes
      • Get access
        • Go back
        • Overview
        • Release notes
      • File with us
        • Go back
        • Overview
        • What if our online filing services are down?
        • Release notes
      • Interact with us on your files
        • Go back
        • Release notes
      • Online Filing & fee payment outages
    • Fees
      • Go back
      • Overview
      • European fees (EPC)
        • Go back
        • Overview
        • Decisions and notices
      • International fees (PCT)
        • Go back
        • Reduction in fees
        • Fees for international applications
        • Decisions and notices
        • Overview
      • Unitary Patent fees (UP)
        • Go back
        • Overview
        • Decisions and notices
      • Fee payment and refunds
        • Go back
        • Overview
        • Payment methods
        • Getting started
        • FAQs and other documentation
        • Technical information for batch payments
        • Decisions and notices
        • Release notes
      • Warning
    • Forms
      • Go back
      • Overview
      • Request for examination
    • Find a professional representative
  • Law & practice
    • Go back
    • Overview
    • Legal texts
      • Go back
      • Overview
      • European Patent Convention
        • Go back
        • Overview
        • Archive
          • Go back
          • Overview
          • Documentation on the EPC revision 2000
            • Go back
            • Overview
            • Diplomatic Conference for the revision of the EPC
            • Travaux préparatoires
            • New text
            • Transitional provisions
            • Implementing regulations to the EPC 2000
            • Rules relating to Fees
            • Ratifications and accessions
          • Travaux Préparatoires EPC 1973
      • Official Journal
      • Guidelines
        • Go back
        • Overview
        • EPC Guidelines
        • PCT-EPO Guidelines
        • Unitary Patent Guidelines
        • Guidelines revision cycle
        • Consultation results
        • Summary of user responses
        • Archive
      • Extension / validation system
      • London Agreement
      • National law relating to the EPC
        • Go back
        • Overview
        • Archive
      • Unitary Patent system
        • Go back
        • Travaux préparatoires to UP and UPC
      • National measures relating to the Unitary Patent 
    • Court practices
      • Go back
      • Overview
      • European Patent Judges' Symposium
    • User consultations
      • Go back
      • Overview
      • Ongoing consultations
      • Completed consultations
    • Substantive patent law harmonisation
      • Go back
      • Overview
      • The Tegernsee process
      • Group B+
    • Convergence of practice
    • Options for professional representatives
  • News & events
    • Go back
    • Overview
    • News
    • Events
    • European Inventor Award
      • Go back
      • Overview
      • The meaning of tomorrow
      • About the award
      • Categories and prizes
      • Meet the inventors
      • Nominations
      • European Inventor Network
        • Go back
        • 2024 activities
        • 2025 activities
        • Rules and criteria
        • FAQ
      • The 2024 event
    • Young Inventors Prize
      • Go back
      • Overview
      • About the prize
      • Nominations
      • The jury
      • The world, reimagined
      • The 2025 event
    • Press centre
      • Go back
      • Overview
      • Patent Index and statistics
      • Search in press centre
      • Background information
        • Go back
        • Overview
        • European Patent Office
        • Q&A on patents related to coronavirus
        • Q&A on plant patents
      • Copyright
      • Press contacts
      • Call back form
      • Email alert service
    • In focus
      • Go back
      • Overview
      • Water-related technologies
      • CodeFest
        • Go back
        • CodeFest Spring 2025 on classifying patent data for sustainable development
        • Overview
        • CodeFest 2024 on generative AI
        • CodeFest 2023 on Green Plastics
      • Green tech in focus
        • Go back
        • Overview
        • About green tech
        • Renewable energies
        • Energy transition technologies
        • Building a greener future
      • Research institutes
      • Women inventors
      • Lifestyle
      • Space and satellites
        • Go back
        • Overview
        • Patents and space technologies
      • Healthcare
        • Go back
        • Overview
        • Medical technologies and cancer
        • Personalised medicine
      • Materials science
        • Go back
        • Overview
        • Nanotechnology
      • Mobile communications
      • Biotechnology
        • Go back
        • Overview
        • Red, white or green
        • The role of the EPO
        • What is patentable?
        • Biotech inventors
      • Classification
        • Go back
        • Overview
        • Nanotechnology
        • Climate change mitigation technologies
          • Go back
          • Overview
          • External partners
          • Updates on Y02 and Y04S
      • Digital technologies
        • Go back
        • Overview
        • About ICT
        • Hardware and software
        • Artificial intelligence
        • Fourth Industrial Revolution
      • Additive manufacturing
        • Go back
        • Overview
        • About AM
        • AM innovation
      • Books by EPO experts
    • Podcast
  • Learning
    • Go back
    • Overview
    • Learning activities and paths
      • Go back
      • Overview
      • Learning activities: types and formats
      • Learning paths
    • EQE and EPAC
      • Go back
      • Overview
      • EQE - European Qualifying Examination
        • Go back
        • Overview
        • Compendium
          • Go back
          • Overview
          • Paper F
          • Paper A
          • Paper B
          • Paper C
          • Paper D
          • Pre-examination
        • Candidates successful in the European qualifying examination
        • Archive
      • EPAC - European patent administration certification
      • CSP – Candidate Support Programme
    • Learning resources by area of interest
      • Go back
      • Overview
      • Patent granting
      • Technology transfer and dissemination
      • Patent enforcement and litigation
    • Learning resources by profile
      • Go back
      • Overview
      • Business and IP managers
        • Go back
        • Overview
        • Innovation case studies
          • Go back
          • Overview
          • SME case studies
          • Technology transfer case studies
          • High-growth technology case studies
        • Inventor's handbook
          • Go back
          • Overview
          • Introduction
          • Disclosure and confidentiality
          • Novelty and prior art
          • Competition and market potential
          • Assessing the risk ahead
          • Proving the invention
          • Protecting your idea
          • Building a team and seeking funding
          • Business planning
          • Finding and approaching companies
          • Dealing with companies
        • Best of search matters
          • Go back
          • Overview
          • Tools and databases
          • EPO procedures and initiatives
          • Search strategies
          • Challenges and specific topics
        • Support for high-growth technology businesses
          • Go back
          • Overview
          • Business decision-makers
          • IP professionals
          • Stakeholders of the Innovation Ecosystem
      • EQE and EPAC Candidates
        • Go back
        • Overview
        • Paper F brain-teasers
        • Daily D questions
        • European qualifying examination - Guide for preparation
        • EPAC
      • Judges, lawyers and prosecutors
        • Go back
        • Overview
        • Compulsory licensing in Europe
        • The jurisdiction of European courts in patent disputes
      • National offices and IP authorities
        • Go back
        • Overview
        • Learning material for examiners of national officers
        • Learning material for formalities officers and paralegals
      • Patent attorneys and paralegals
      • Universities, research centres and TTOs
        • Go back
        • Overview
        • Modular IP Education Framework (MIPEF)
        • Pan-European Seal Young Professionals Programme
          • Go back
          • Overview
          • For students
          • For universities
            • Go back
            • Overview
            • IP education resources
            • University memberships
          • Our young professionals
          • Professional development plan
        • Academic Research Programme
          • Go back
          • Overview
          • Completed research projects
          • Current research projects
        • IP Teaching Kit
          • Go back
          • Overview
          • Download modules
        • Intellectual property course design manual
        • PATLIB Knowledge Transfer to Africa
          • Go back
          • The PATLIB Knowledge Transfer to Africa initiative (KT2A)
          • KT2A core activities
          • Success story: Malawi University of Science and Technology and PATLIB Birmingham
  • About us
    • Go back
    • Overview
    • The EPO at a glance
    • 50 years of the EPC
      • Go back
      • Official celebrations
      • Overview
      • Member states’ video statements
        • Go back
        • Albania
        • Austria
        • Belgium
        • Bulgaria
        • Croatia
        • Cyprus
        • Czech Republic
        • Denmark
        • Estonia
        • Finland
        • France
        • Germany
        • Greece
        • Hungary
        • Iceland
        • Ireland
        • Italy
        • Latvia
        • Liechtenstein
        • Lithuania
        • Luxembourg
        • Malta
        • Monaco
        • Montenegro
        • Netherlands
        • North Macedonia
        • Norway
        • Poland
        • Portugal
        • Romania
        • San Marino
        • Serbia
        • Slovakia
        • Slovenia
        • Spain
        • Sweden
        • Switzerland
        • Türkiye
        • United Kingdom
      • 50 Leading Tech Voices
      • Athens Marathon
      • Kids’ collaborative art competition
    • Legal foundations and member states
      • Go back
      • Overview
      • Legal foundations
      • Member states
        • Go back
        • Overview
        • Member states by date of accession
      • Extension states
      • Validation states
    • Administrative Council and subsidiary bodies
      • Go back
      • Overview
      • Communiqués
        • Go back
        • 2024
        • Overview
        • 2023
        • 2022
        • 2021
        • 2020
        • 2019
        • 2018
        • 2017
        • 2016
        • 2015
        • 2014
        • 2013
      • Calendar
      • Documents and publications
        • Go back
        • Overview
        • Select Committee documents
      • Administrative Council
        • Go back
        • Overview
        • Composition
        • Representatives
        • Rules of Procedure
        • Board of Auditors
        • Secretariat
        • Council bodies
    • Principles & strategy
      • Go back
      • Overview
      • Mission, vision, values & corporate policy
      • Strategic Plan 2028
        • Go back
        • Driver 1: People
        • Driver 2: Technologies
        • Driver 3: High-quality, timely products and services
        • Driver 4: Partnerships
        • Driver 5: Financial sustainability
      • Towards a New Normal
      • Data protection & privacy notice
    • Leadership & management
      • Go back
      • Overview
      • About the President
      • Management Advisory Committee
    • Sustainability at the EPO
      • Go back
      • Overview
      • Environmental
        • Go back
        • Overview
        • Inspiring environmental inventions
      • Social
        • Go back
        • Overview
        • Inspiring social inventions
      • Governance and Financial sustainability
    • Procurement
      • Go back
      • Overview
      • Procurement forecast
      • Doing business with the EPO
      • Procurement procedures
      • Dynamic Purchasing System (DPS) publications
      • Sustainable Procurement Policy
      • About eTendering
      • Invoicing
      • Procurement portal
        • Go back
        • Overview
        • e-Signing contracts
      • General conditions
      • Archived tenders
    • Services & activities
      • Go back
      • Overview
      • Our services & structure
      • Quality
        • Go back
        • Overview
        • Foundations
          • Go back
          • Overview
          • European Patent Convention
          • Guidelines for examination
          • Our staff
        • Enabling quality
          • Go back
          • Overview
          • Prior art
          • Classification
          • Tools
          • Processes
        • Products & services
          • Go back
          • Overview
          • Search
          • Examination
          • Opposition
          • Continuous improvement
        • Quality through networking
          • Go back
          • Overview
          • User engagement
          • Co-operation
          • User satisfaction survey
          • Stakeholder Quality Assurance Panels
        • Patent Quality Charter
        • Quality Action Plan
        • Quality dashboard
        • Statistics
          • Go back
          • Overview
          • Search
          • Examination
          • Opposition
        • Integrated management at the EPO
      • Consulting our users
        • Go back
        • Overview
        • Standing Advisory Committee before the EPO (SACEPO)
          • Go back
          • Overview
          • Objectives
          • SACEPO and its working parties
          • Meetings
          • Single Access Portal – SACEPO Area
        • Surveys
          • Go back
          • Overview
          • Detailed methodology
          • Search services
          • Examination services, final actions and publication
          • Opposition services
          • Formalities services
          • Customer services
          • Filing services
          • Key Account Management (KAM)
          • Website
          • Archive
      • Our user service charter
      • European and international co-operation
        • Go back
        • Overview
        • Co-operation with member states
          • Go back
          • Overview
        • Bilateral co-operation with non-member states
          • Go back
          • Overview
          • Validation system
          • Reinforced Partnership programme
        • Multilateral international co-operation with IP offices and organisations
        • Co-operation with international organisations outside the IP system
      • European Patent Academy
        • Go back
        • Overview
        • Partners
      • Chief Economist
        • Go back
        • Overview
        • Economic studies
      • Ombuds Office
      • Reporting wrongdoing
    • Observatory on Patents and Technology
      • Go back
      • Overview
      • Innovation against cancer
      • Innovation actors
        • Go back
        • Overview
        • Startups and SMEs
      • Policy and funding
        • Go back
        • Overview
        • Financing innovation programme
          • Go back
          • Overview
          • Our studies on the financing of innovation
          • EPO initiatives for patent applicants
          • Financial support for innovators in Europe
        • Patents and standards
          • Go back
          • Overview
          • Publications
          • Patent standards explorer
      • Tools
        • Go back
        • Overview
        • Deep Tech Finder
      • About the Observatory
        • Go back
        • Overview
        • Work plan
    • Transparency portal
      • Go back
      • Overview
      • General
        • Go back
        • Overview
        • Annual Review 2023
          • Go back
          • Overview
          • Foreword
          • Executive summary
          • 50 years of the EPC
          • Strategic key performance indicators
          • Goal 1: Engaged and empowered
          • Goal 2: Digital transformation
          • Goal 3: Master quality
          • Goal 4: Partner for positive impact
          • Goal 5: Secure sustainability
        • Annual Review 2022
          • Go back
          • Overview
          • Foreword
          • Executive summary
          • Goal 1: Engaged and empowered
          • Goal 2: Digital transformation
          • Goal 3: Master quality
          • Goal 4: Partner for positive impact
          • Goal 5: Secure sustainability
      • Human
      • Environmental
      • Organisational
      • Social and relational
      • Economic
      • Governance
    • Statistics and trends
      • Go back
      • Overview
      • Statistics & Trends Centre
      • Patent Index 2024
        • Go back
        • Insight into computer technology and AI
        • Insight into clean energy technologies
        • Statistics and indicators
          • Go back
          • European patent applications
            • Go back
            • Key trend
            • Origin
            • Top 10 technical fields
              • Go back
              • Computer technology
              • Electrical machinery, apparatus, energy
              • Digital communication
              • Medical technology
              • Transport
              • Measurement
              • Biotechnology
              • Pharmaceuticals
              • Other special machines
              • Organic fine chemistry
            • All technical fields
          • Applicants
            • Go back
            • Top 50
            • Categories
            • Women inventors
          • Granted patents
            • Go back
            • Key trend
            • Origin
            • Designations
      • Data to download
      • EPO Data Hub
      • Clarification on data sources
    • History
      • Go back
      • Overview
      • 1970s
      • 1980s
      • 1990s
      • 2000s
      • 2010s
      • 2020s
    • Art collection
      • Go back
      • Overview
      • The collection
      • Let's talk about art
      • Artists
      • Media library
      • What's on
      • Publications
      • Contact
      • Culture Space A&T 5-10
        • Go back
        • Catalyst lab & Deep vision
          • Go back
          • Irene Sauter (DE)
          • AVPD (DK)
          • Jan Robert Leegte (NL)
          • Jānis Dzirnieks (LV) #1
          • Jānis Dzirnieks (LV) #2
          • Péter Szalay (HU)
          • Thomas Feuerstein (AT)
          • Tom Burr (US)
          • Wolfgang Tillmans (DE)
          • TerraPort
          • Unfinished Sculpture - Captives #1
          • Deep vision – immersive exhibition
          • Previous exhibitions
        • The European Patent Journey
        • Sustaining life. Art in the climate emergency
        • Next generation statements
        • Open storage
        • Cosmic bar
      • "Long Night"
  • Boards of Appeal
    • Go back
    • Overview
    • Decisions of the Boards of Appeal
      • Go back
      • Overview
      • Recent decisions
      • Selected decisions
    • Information from the Boards of Appeal
    • Procedure
    • Oral proceedings
    • About the Boards of Appeal
      • Go back
      • Overview
      • President of the Boards of Appeal
      • Enlarged Board of Appeal
        • Go back
        • Overview
        • Pending referrals (Art. 112 EPC)
        • Decisions sorted by number (Art. 112 EPC)
        • Pending petitions for review (Art. 112a EPC)
        • Decisions on petitions for review (Art. 112a EPC)
      • Technical Boards of Appeal
      • Legal Board of Appeal
      • Disciplinary Board of Appeal
      • Presidium
        • Go back
        • Overview
    • Code of Conduct
    • Business distribution scheme
      • Go back
      • Overview
      • Technical boards of appeal by IPC in 2025
      • Archive
    • Annual list of cases
    • Communications
    • Annual reports
      • Go back
      • Overview
    • Publications
      • Go back
      • Abstracts of decisions
    • Case Law of the Boards of Appeal
      • Go back
      • Overview
      • Archive
  • Service & support
    • Go back
    • Overview
    • Website updates
    • Availability of online services
      • Go back
      • Overview
    • FAQ
      • Go back
      • Overview
    • Publications
    • Ordering
      • Go back
      • Overview
      • Patent Knowledge Products and Services
      • Terms and conditions
        • Go back
        • Overview
        • Patent information products
        • Bulk data sets
        • Open Patent Services (OPS)
        • Fair use charter
    • Procedural communications
    • Useful links
      • Go back
      • Overview
      • Patent offices of member states
      • Other patent offices
      • Directories of patent attorneys
      • Patent databases, registers and gazettes
      • Disclaimer
    • Contact us
      • Go back
      • Overview
      • Filing options
      • Locations
    • Subscription centre
      • Go back
      • Overview
      • Subscribe
      • Change preferences
      • Unsubscribe
    • Official holidays
    • Glossary
    • RSS feeds
Board of Appeals
Decisions

Recent decisions

Overview
  • 2025 decisions
  • 2024 decisions
  • 2023 decisions
  1. Home
  2. G 0009/92 (Non-appealing party) 14-07-1994
Facebook X Linkedin Email

G 0009/92 (Non-appealing party) 14-07-1994

European Case Law Identifier
ECLI:EP:BA:1994:G000992.19940714
Date of decision
14 July 1994
Case number
G 0009/92
Referral
T 0060/91
Application number
86111866.9
IPC class
B62D 65/00
Language of proceedings
DE
Distribution
PUBLISHED IN THE EPO'S OFFICIAL JOURNAL (A)

Download and more information:

Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
DE
FR
Versions
OJ
Application title
-
Applicant name
BMW
Opponent name
KUKA Schweißanlagen + Roboter GmbH
Board
-
Headnote

1. If the patent proprietor is the sole appellant against an interlocutory decision maintaining a patent in amended form, neither the Board of Appeal nor the non-appealing opponent as a party to the proceedings as of right under Article 107, second sentence, EPC, may challenge the maintenance of the patent as amended in accordance with the interlocutory decision.

2.If the opponent is the sole appellant against an interlocutory decision maintaining a patent in amended form, the patent proprietor is primarily restricted during the appeal proceedings to defending the patent in the form in which it was maintained by the Opposition Division in its interlocutory decision. Amendments proposed by the patent proprietor as a party to the proceedings as of right under Article 107, second sentence, EPC, may be rejected as inadmissible by the Board of Appeal if they are neither appropriate nor necessary.

Relevant legal provisions
European Patent Convention Art 101(2) 1973
European Patent Convention Art 107 1973
European Patent Convention Art 111 1973
European Patent Convention Art 114(1) 1973
European Patent Convention R 58(2) 1973
European Patent Convention R 64(b) 1973
European Patent Convention R 65(1) 1973
European Patent Convention R 66(1) 1973
Keywords

Reformatio in peius

Patent maintained in amended form in accordance with auxiliary request

Opposing parties each adversely affected

Appeal by one party

Requests by a non-appealing party which go beyond the appellant's requests in the notice of appeal

Minority opinion

Catchword
-
Cited decisions
T 0123/85
T 0576/89
T 0369/91
T 0096/92
G 0002/91
G 0007/91
G 0008/91
G 0009/91
G 0010/91
Citing decisions
G 0003/04
G 0002/12
G 0002/13
G 0003/19
G 0010/93
G 0001/99
T 0782/00
T 0120/01
T 1178/04
T 0263/05
T 0642/06
T 0150/09
T 0197/09
T 0209/09
T 1843/09
T 1553/13
T 2134/17
T 2533/17
T 2193/19
T 0204/20
T 0501/92
T 0923/92
T 0933/92
T 0233/94
T 0080/95
T 0315/97
T 0226/98
T 0473/98
T 1026/98
G 0003/04
G 0002/12
G 0002/12
G 0002/13
G 0002/13
G 0003/19
G 0003/19
G 0010/93
G 0001/99
G 0001/99
R 0016/09
T 0182/00
T 0204/00
T 0222/00
T 0731/00
T 0886/00
T 0959/00
T 0968/00
T 0982/00
T 1126/00
T 0281/01
T 0318/01
T 0477/01
T 0764/01
T 0999/01
T 1004/01
T 0609/02
T 0809/02
T 0864/02
T 0903/02
T 0937/02
T 1074/02
T 1108/02
T 0498/03
T 0520/03
T 0656/03
T 0724/03
T 0731/03
T 1239/03
T 0023/04
T 0099/04
T 0168/04
T 0191/04
T 0386/04
T 0604/04
T 0676/04
T 1018/04
T 1178/04
T 1178/04
T 1317/04
T 0127/05
T 0263/05
T 0263/05
T 0382/05
T 0405/05
T 0458/05
T 0950/05
T 1277/05
T 0073/06
T 0181/06
T 0483/06
T 0558/06
T 1009/06
T 1042/06
T 1207/06
T 1300/06
T 1455/06
T 1496/06
T 1747/06
T 0079/07
T 0152/07
T 0429/07
T 0521/07
T 0525/07
T 0535/07
T 0656/07
T 0659/07
T 0949/07
T 0963/07
T 0982/07
T 1115/07
T 1205/07
T 1544/07
T 1618/07
T 1774/07
T 0358/08
T 0384/08
T 0744/08
T 0889/08
T 1033/08
T 1542/08
T 1713/08
T 2344/08
T 0689/09
T 1224/09
T 1392/09
T 1843/09
T 1843/09
T 2311/09
T 0111/10
T 0427/10
T 0665/10
T 0722/10
T 0727/10
T 0974/10
T 1222/10
T 1267/10
T 1340/10
T 1367/10
T 1525/10
T 1649/10
T 1866/10
T 0484/11
T 1400/11
T 1782/11
T 2129/11
T 2538/11
T 0242/12
T 0395/12
T 0416/12
T 0428/12
T 0470/12
T 0502/12
T 0576/12
T 0910/12
T 1689/12
T 2314/12
T 0009/13
T 0115/13
T 0711/13
T 0813/13
T 1553/13
T 1626/13
T 2279/13
T 0589/14
T 0633/14
T 0700/14
T 1151/14
T 0445/15
T 0611/15
T 1103/15
T 1729/15
T 1908/15
T 2366/15
T 0185/16
T 0422/16
T 0590/16
T 1875/16
T 2197/16
T 0184/17
T 0803/17
T 0811/17
T 0882/17
T 1071/17
T 1208/17
T 1254/17
T 1336/17
T 1441/17
T 1561/17
T 1628/17
T 1653/17
T 2056/17
T 2743/17
T 1051/18
T 1287/18
T 1683/18
T 1919/18
T 2503/18
T 2654/18
T 0072/19
T 0683/19
T 0749/19
T 0835/19
T 2396/19
T 2408/19
T 2582/19
T 2771/19
T 3227/19
T 1985/20
T 0650/21
T 1419/21
T 1788/21
T 0325/22
T 0369/91
T 0488/91
T 0646/91
T 0716/91
T 0898/91
T 0266/92
T 0266/92
T 0501/92
T 0501/92
T 0856/92
T 0923/92
T 0923/92
T 0933/92
T 0169/93
T 0233/93
T 0329/93
T 0829/93
T 1082/93
T 0414/94
T 0552/94
T 0562/94
T 0579/94
T 0812/94
T 0900/94
T 0277/95
T 0379/95
T 0389/95
T 0500/95
T 1002/95
T 0239/96
T 0275/96
T 0893/96
T 1011/96
T 0029/97
T 0063/97
T 0174/97
T 0315/97
T 0315/97
T 0414/97
T 0565/97
T 0701/97
T 0743/97
T 0108/98
T 0226/98
T 0226/98
T 0339/98
T 0368/98
T 0386/98
T 0467/98
T 0473/98
T 0473/98
T 0554/98
T 0590/98
T 0670/98
T 0750/98
T 1026/98
T 0224/99
T 0268/99
T 0290/99
T 0359/99
T 0399/99
T 0492/99
T 0598/99
T 0602/99
T 0636/99
T 0717/99
T 0724/99
T 0898/99
T 0966/99
T 1070/99
T 1099/99
T 1256/20
T 3201/19
T 0327/22
T 0399/20
T 1656/17
T 0345/21
T 1266/19
T 0154/17
T 2229/19
T 1175/22
T 1888/21
T 1332/22
T 1286/23
T 1824/22
T 0517/23
T 1695/22
T 1676/22
G 0003/04
G 0003/04
G 0002/12
G 0002/13
G 0003/19
G 0010/93
G 0010/93
G 0001/99
T 0706/00
T 0827/00
T 1072/00
T 1143/00
T 0092/01
T 1098/01
T 0794/03
T 1178/04
T 1214/04
T 1316/04
T 0263/05
T 0319/05
T 1393/05
T 1511/05
T 0032/06
T 0224/06
T 0332/06
T 0832/07
T 1556/07
T 0191/08
T 0356/08
T 1082/08
T 1464/09
T 1843/09
T 0028/10
T 0095/10
T 0216/10
T 0365/10
T 1474/10
T 1499/10
T 1684/10
T 1157/11
T 1226/11
T 1626/11
T 0251/12
T 0861/12
T 1521/12
T 0027/13
T 0251/13
T 1486/13
T 1553/13
T 1553/13
T 1553/13
T 0210/15
T 1057/15
T 1297/15
T 0097/16
T 0201/16
T 1797/16
T 1845/16
T 2472/16
T 1332/17
T 1536/18
T 1770/18
T 2242/18
T 2277/18
T 2952/18
T 2954/18
T 0225/19
T 0582/19
T 1080/19
T 1391/19
T 1577/19
T 0779/20
T 0060/91
T 0813/91
T 0501/92
T 0634/92
T 0923/92
T 0933/92
T 0933/92
T 0958/92
T 0321/93
T 0528/93
T 0752/93
T 0323/94
T 0426/94
T 0437/94
T 0815/94
T 0331/96
T 0336/96
T 0637/96
T 0762/96
T 0315/97
T 0522/97
T 0226/98
T 0473/98
T 1026/98
T 1026/98
T 0080/99
T 0304/99
T 0668/99
T 0903/99
T 1508/20
T 0905/20
T 3214/19
T 2212/18
T 0624/20
T 1472/21
T 1340/22
T 2421/22
T 1106/22
T 2217/22
T 0298/22

I. Appeal cases T 60/91, T 96/92 (before Board of Appeal 3.2.1 and published in OJ EPO 1993, 551) and T 488/91 (before Board of Appeal 3.5.1 - not published in OJ EPO) each concern interlocutory decisions by the Opposition Division which established in each case that the grounds for opposition did not prejudice maintenance of the opposed patent in amended form, once the outstanding formal requirements had been completed. The interlocutory decisions allowed separate appeal under Article 106(3) EPC.

II. In case T 60/91, during the proceedings before the Opposition Division the patent proprietor did not request maintenance of the patent as granted, but proposed two amended versions as main and auxiliary requests. The set of claims according to the main request contained limiting features compared to the claims of the patent as granted, and the independent claims of the auxiliary request were further limited compared to the main request. The Opposition Division held that the set of claims according to the main request lacked inventive step, but that the patent should be maintained in accordance with the auxiliary request.

The patent proprietor and sole appellant filed an appeal requesting maintenance of the patent in accordance with the main request submitted during the first instance proceedings. The opponent/respondent filed observations in reply, requesting complete revocation of the patent.

III. In case T 96/92 the patent proprietor submitted a main request before the first instance requesting that the opposition be rejected and an auxiliary request that the patent be maintained in amended form. The Opposition Division in its interlocutory decision maintained the patent in accordance with the auxiliary request.

The opponent and sole appellant filed an appeal requesting revocation of the patent. The patent proprietor/respondent filed observations in reply, requesting that the patent be maintained as granted; in the alternative it requested maintenance of the patent in amended form as accepted by the Opposition Division in its interlocutory decision.

IV. In case T 488/91 the opponent was again the sole appellant. The patent proprietor submitted two sets of amended claims as main and auxiliary requests before the Opposition Division. The Opposition Division in its interlocutory decision maintained the patent in accordance with the auxiliary request.

The opponent and sole appellant requested that the decision be amended to revoke the patent.

The patent proprietor/respondent first requested the dismissal of the appeal and the maintenance of the patent in the form accepted by the Opposition Division in its decision. During oral proceedings this request became an auxiliary request, following a main request that the patent be maintained in accordance with the main request which had been rejected by the Opposition Division.

V. Board of Appeal 3.2.1, which was responsible for cases T 60/91 and T 96/92, considered that the question to be decided in both cases was whether the Board of Appeal could put the sole appellant in a worse position than it was in under the contested decision, or whether there should be prohibition of reformatio in peius. In both cases the respondent, without filing an appeal, had submitted requests which went beyond the requests of the appellant and were to the latter's disadvantage.

The case law on the admissibility of such requests varies. In decision T 369/91 (OJ EPO 1993, 561) the patent proprietor, who had not appealed against the Opposition Division's interlocutory decision to maintain the patent in amended form in accordance with an auxiliary request, was not allowed to request maintenance of the patent as granted (rejection of the opposition). On the other hand, in decisions T 576/89 (OJ EPO 1993, 543) and T 123/85 (OJ EPO 1989, 336) in similar circumstances the patent proprietor was allowed to request maintenance of the patent as granted. In the latter case, this was made conditional on no abuse of procedural law being involved.

VI. Referring to this lack of uniformity in the case law, Board of Appeal 3.2.1 consolidated cases T 60/91 and T 96/92 for referral of the following question of law, in two parts, to the Enlarged Board of Appeal:

Can the Board of Appeal amend a contested decision to the appellant's disadvantage?

If so, to what extent?

The referred decision in respect of T 60/91 and T 96/92 was published in OJ EPO 1993, 551, and has the reference number G 9/92.

VII. Quoting this referred decision, Board of Appeal 3.5.1 referred the same two-part point of law to the Enlarged Board of Appeal in T 488/91 (G 4/93).

VIII. The Enlarged Board of Appeal decided to consider the referrals from Boards of Appeal 3.2.1 (G 9/92) and 3.5.1 (G 4/93) in consolidated proceedings in accordance with Article 8 of the Rules of Procedure (OJ EPO 1983, 3, in the version published in OJ EPO 1989, 362).

IX. Following this decision the patent proprietor/appellant in case T 96/92 withdrew its main request for rejection of the opposition and maintenance of the patent as granted. As the point of law which had been referred to the Enlarged Board of Appeal in this case no longer arose, proceedings before the Enlarged Board of Appeal relating to case T 96/92 were terminated.

X. The remaining parties before the Enlarged Board of Appeal were given the opportunity to submit observations. The parties who were sole appellants were against the admission of what were effectively independent "cross-appeals" by the respondents, and submitted that the decision of the first instance could only be reviewed within the limits of the appeal. In so far as the sole appellant was not adversely affected by the decision of the first instance, it could not be the subject-matter of an appeal. There was no legal basis in the EPC for a "cross-appeal" on the part of the respondent in response to a filed appeal. Without any time limit being fixed, this would moreover delay the proceedings considerably and afford the respondent unjustified advantages over the party which had filed its appeal within the specified time limit. The fact that a party adversely affected by a decision of the first instance files an appeal should not come as a surprise to the opposing party. A review of the decision within the limits of the appeal would be in accordance with fair procedural principles.

The parties to the proceedings before the Enlarged Board of Appeal who had not filed appeals were in favour of the Boards of Appeal having full power to decide on the proper scope of the patent. In the event of a sole appeal by the patent proprietor, the Boards should not be prevented from establishing the lack of patentability of the text accepted by the Opposition Division in its interlocutory decision by the simple reason that the opponent did not appeal. Any restriction would be artificial and would force the Boards, in their examination of the main and auxiliary appeals, to carry out a "balancing act" when assessing patentability criteria. The appeal was a new and unexpected situation for the respondent, who should have the right to respond without restriction. If an opponent did not contest the decision of the first instance, this simply meant that it was prepared to accept the text of the patent as approved in the decision, should the decision become final. However, if the patent proprietor appealed against the decision, then it had to face the risk of a counter-attack and hence the possibility of the patent being revoked. Conversely, in the case of a sole appeal by the opponent, the opponent must expect that the patent proprietor could revert to earlier requests and request the maintenance of the patent as granted.

Procedural principles

1. The referred point of law relates to general principles of procedural law as embodied - albeit with different provisions - in the procedural law of the Contracting States to the EPC. The question whether and to what extent a case before the Boards of Appeal is governed under the EPC by appellants' requests and submissions is the subject-matter of the points of law referred to the Enlarged Board of Appeal in cases T 60/91 and T 488/91. Proceedings under the EPC in respect of European patent applications and patents are, with some exceptions, initiated by a party. The initial "request" determines the extent of the proceedings. This is known as the principle of party disposition (ne ultra petita). The present case concerns the question whether the extent of the initial appeal, i.e. the statement in the notice of appeal, affects the extent of the subsequent proceedings, and this has to be examined systematically in conjunction with procedural law under the EPC.

2. Opposition proceedings are post-grant proceedings (Art. 99 EPC) to which Articles 99 to 105 EPC and the corresponding provisions of the Implementing Regulations are applicable. In such proceedings the European Patent Office must examine the facts of its own motion (Art. 114(1) EPC). Certain restrictions have however been placed upon this so-called principle of ex officio examination in order to make such proceedings more clear, to shorten and accelerate cases, and to limit the risks to the parties.

3. The nature of the main procedural principles for opposition proceedings and opposition appeal proceedings has already been the subject of a number of decisions by the Enlarged Board of Appeal. Decision G 9/91 (OJ EPO 1993, 408) addressed the issue of the power of an Opposition Division or Board of Appeal to decide upon the patentability of parts of a patent which had not been attacked in the notice of opposition. According to this Decision, opposition proceedings are only pending to the extent to which the European patent is attacked in the "statement of the extent for which the European patent is opposed" under Rule 55(c) EPC. There is no power to decide and hence no authority to "examine the facts" beyond this stated extent (G 9/91, reasons, 10 and 11). The Opposition Division or Board of Appeal has the power to decide on the revocation or maintenance of a patent only to the extent to which the patent is opposed in the notice of opposition.

4. The principle of ex officio examination (Art. 114(1) EPC) also has a restricted application to the extent of examination of grounds for opposition. However, in this case such restricted application is not derived from the principle of party disposition; the proper extent of examination has to be determined by the application of other procedural principles (G 10/91, OJ EPO 1993, 420, reasons, 12). In first instance proceedings the Opposition Division should examine only those grounds for opposition which the opponents have submitted within the time limit for opposition and have properly supported with facts and evidence. Grounds extending beyond this may only be considered in exceptional cases to which special conditions apply (G 10/91, reasons, 16).

5. In the case of opposition appeal proceedings, the Enlarged Board of Appeal gave reasons which further restrict the application of the principle of ex officio examination. The main aim of the inter partes appeal procedure is to give the losing party the opportunity to contest the Opposition Division's decision. It is only possible to introduce new grounds for opposition during appeal proceedings in exceptional cases and with the agreement of the patent proprietor (G 10/91, reasons, 18).

6. The extent of the power of the Boards of Appeal to decide upon the proper scope of the patent should be considered in conjunction with the effect of withdrawal of the appeal. Appeal proceedings are terminated when the, or each, appeal has been withdrawn. Once the, or each, appeal has been withdrawn, there is no power to continue the proceedings (decisions G 7/91, OJ EPO 1993, 356, and G 8/91, OJ EPO 1993, 346).

The appellant's request and its binding effect

7. The question of law referred to the Enlarged Board of Appeal asks whether and to what extent a Board of Appeal can depart from the request formulated in the notice of appeal when deciding opposition appeal proceedings, to the disadvantage of the appellant. The referred decision approached the problem primarily from the point of view of the prohibition of a possible worse outcome, i.e. reformatio in peius. In essence, however, the referred question of law is concerned with the possible binding effect of the appellant's statement in the notice of appeal of the "extent to which amendment or cancellation of the decision is requested" on the subsequent appeal proceedings. It can have a restrictive effect on any subsequent requests by appellants or respondents, as well as on ex officio examination. The EPC does not contain any provisions which stipulate that a decision terminating appeal proceedings must not place an appellant in a worse position than it was in as a result of the contested decision.

8. The Enlarged Board of Appeal's decision in G 2/91 (OJ EPO 1992, 206) had already raised the question as to the extent to which the non-appealing party can contradict the appellant's requests with its own, or whether it was restricted to defending the contested decision (reasons, 6.2). Only those parties that lodge an admissible appeal have the status of appellant, while parties that do not file an appeal have the status of parties to the appeal proceedings as of right in accordance with Article 107, second sentence, EPC (reasons, 6.1).

9. The aim of an appeal is to eliminate an "adverse effect" (Art. 107, first sentence, EPC). It is the duty of the Board of Appeal to examine whether the appeal is admissible and allowable (Art. 110(1) EPC). An examination as to the allowability of the appeal is followed by a decision "on the appeal" (Art. 111(1), first sentence, EPC). The Board of Appeal may make a decision on the case itself or may remit the case to the first instance for further prosecution (Art. 111(1), second sentence, EPC). However, the subject-matter of the appeal proceedings is always the appeal itself. The appeal may not be simply regarded as a means of commencing the proceedings.

10. According to the EPC, the filing of a notice of appeal (including a statement of the extent to which amendment or cancellation of the decision is requested - the appeal request) is subject to a time limit. It would not be consistent with this time limit to allow non-appealing parties the unrestricted right to alter the extent of the proceedings by submitting their own requests without limitation of time. If a party does not appeal against a decision of the first instance within the time limit for appeal, that party cannot claim the right, without limit of time, to submit requests having the same scope as an appellant's request, and thus, in response to an appeal by the opposing party, effectively to assume the status of an appellant. The provision of Rule 65(1) EPC concerning the inadmissibility of an appeal when the statement is not submitted within the specified time limit clearly emphasises the importance of such time limit. Thus requests by non- appealing parties to the appeal proceedings which are filed after this time limit expires, and which go beyond the appellant's original appeal request pursuant to Rule 64(b) EPC, are not admissible. The EPC does not provide for the possibility of a cross-appeal by a respondent.

11. The argument that the appeal was a "new and unexpected situation" for the respondents has no weight in the above procedural context. Under the EPC, if opposing parties to first instance proceedings are adversely affected by the first instance decision, a right of appeal is equally available to such parties. If one opposing party does not win a case outright, the other opposing parties must be prepared for it to file an appeal.

A non-appealing party as a respondent has the opportunity to make what it considers to be appropriate and necessary submissions in the appeal proceedings to defend the result obtained before the first instance.

12. The idea that, irrespective of whether the opposing party appeals, an appellant might have to take the risk of its appeal endangering the result which it achieved before the first instance, is likewise not found in the EPC. Linked with this, the concept that it should be possible for a sole appellant to be compelled as a result of opposing requests to withdraw its appeal, is also absent.

13. The Enlarged Board of Appeal's conclusions relating to the case of a sole appeal by the patent proprietor on the one hand and a sole appeal by the opponent on the other are set out below.

Sole appeal by the patent proprietors (T 60/91)

14. The first case involves a sole appeal by the patent proprietor against an interlocutory decision by the Opposition Division to maintain the patent in amended form. The amended text is not covered by the appellant's appeal request, that is its statement setting out the scope of the appeal (Art. 108, first sentence, and Rule 64(b) EPC). The aim of such an appeal is to replace the text of the patent as maintained by the Opposition Division, or, if this request is not allowed, that is if the appeal is rejected, that the patent be maintained in the form allowed by the Opposition Division.

The scope of the appeal defined in an appellant's request is exceeded if the non-appealing opponent files a request for revocation of the patent. The opponent can thus no longer effectively file such a request once the time limit for appeal has expired.

Sole appeal by the opponent (T 488/91)

15. The second case relates to a sole appeal by the opponent against an interlocutory decision issued by an Opposition Division maintaining a patent in amended form. The opponent filed an appeal aimed at amending the contested decision either so that the patent is revoked in full or so that the patent is maintained in a form which is more restricted, in the opponent's view, than the version in the interlocutory decision.

16. The patent proprietor, who has not filed an appeal and is therefore only a party to the proceedings under Article 107, second sentence, EPC, does not have the right to file a "cross- appeal" without limit of time. Unlike the rights he would have as appellant, his requests are therefore subject to restrictions. By not filing an appeal, he has indicated that he will not contest the maintenance of the patent in the version accepted by the Opposition Division in its decision. He is therefore primarily limited to defending this version. Any amendments he proposes in the appeal proceedings may be rejected by the Board of Appeal if they are neither appropriate nor necessary, which is the case if the amendments do not arise from the appeal (Art. 101(2) EPC, Rules 58(2) and 66(1) EPC; T 406/86, OJ EPO 1989, 302; T 295/87, OJ EPO 1990, 470).

17. Minority opinion

In the opinion of a minority of the members of the Enlarged Board of Appeal, the principle of ex officio examination takes priority. Reformatio in peius would therefore be admissible. This opinion is based on the text of the provisions concerning ex officio examination, which has remained substantially unchanged since the First Preliminary Draft for a European Patent Law (see proposals of the chairman of the EEC Patents Working Party from 29 May 1961 to 9 April 1962, Article 96 of the Draft, Doc. IV/6514/61 dated 28 July 1961). This principle was confirmed in the comments on Article 96 of the draft, which included the following remarks: "Thus, if a patent proprietor appeals against the fact that his provisional European patent has been revoked in part, in the appeal proceedings the provisional European patent may be revoked in full on the basis of material which has already been cited or material not previously submitted". Although the first preliminary draft related to pre-grant opposition proceedings, subsequent reports of meetings indicated that the change to post-grant opposition should not affect the application of the principle of ex officio examination, as this had been decided on for a different reason (BR 87/71 dated 28 February 1971, page 5, point 9). According to the minority opinion there is thus no basis in the EPC for limiting the extent of the power of the Boards of Appeal to decide on a case in opposition appeal proceedings.

Order

ORDER

For these reasons the two-part point of law referred to the Enlarged Board of Appeal is answered as follows:

1. If the patent proprietor is the sole appellant against an interlocutory decision maintaining a patent in amended form, neither the Board of Appeal nor the non-appealing opponent as a party to the proceedings as of right under Article 107, second sentence, EPC, may challenge the maintenance of the patent as amended in accordance with the interlocutory decision.

2. If the opponent is the sole appellant against an interlocutory decision maintaining a patent in amended form, the patent proprietor is primarily restricted during appeal proceedings to defending the patent in the form in which it was maintained by the Opposition Division in its interlocutory decision. Amendments proposed by the patent proprietor as a party to the proceedings as of right under Article 107, second sentence, EPC, may be rejected as inadmissible by the Board of Appeal if they are neither appropriate nor necessary.

Footer - Service & support
  • Service & support
    • Website updates
    • Availability of online services
    • FAQ
    • Publications
    • Procedural communications
    • Contact us
    • Subscription centre
    • Official holidays
    • Glossary
Footer - More links
  • Jobs & careers
  • Press centre
  • Single Access Portal
  • Procurement
  • Boards of Appeal
Facebook
European Patent Office
EPO Jobs
Instagram
EuropeanPatentOffice
Linkedin
European Patent Office
EPO Jobs
EPO Procurement
X (formerly Twitter)
EPOorg
EPOjobs
Youtube
TheEPO
Footer
  • Legal notice
  • Terms of use
  • Data protection and privacy
  • Accessibility