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
      • Searching Asian documents: patent search and monitoring services
      • EP full-text search
      • Bibliographic coverage in Espacenet and OPS
      • Full-text coverage in Espacenet and OPS
    • Legal information
      • Overview
      • European Patent Register
      • European Patent Bulletin
      • European Case Law Identifier sitemap
      • Searching Asian documents
      • Third-party observations
    • Business information
      • Overview
      • PATSTAT
      • IPscore
      • Patent insight reports
    • Data
      • Overview
      • Linked open EP data
      • Bulk data sets
      • Web services
      • Coverage, codes and statistics
    • 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

    UP search

    Learn about the Unitary Patent in patent knowledge products and services

  • 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
    • MyEPO services
      • Overview
      • Understand our services
      • Get access
      • File with us
      • Interact on your files
      • Online Filing & fee payment outages
    • Find a professional representative
    • Forms
      • Overview
      • Request for examination
    • Fees
      • Overview
      • European fees (EPC)
      • International fees (PCT)
      • Unitary Patent fees (UP)
      • Fee payment and refunds
      • Warning

    UP

    Unitary Patent

  • 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 law relating to the UP
    • 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

    legal text

    Legal texts

  • 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
      • About the award
      • Categories and prizes
      • Meet the finalists
      • Nominations
      • Watch the 2022 ceremony
    • 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
      • Firefighting technologies
      • Green tech in focus
      • CodeFest on Green Plastics
      • Clean energy technologies
      • IP and youth
      • Research institutes
      • Women inventors
      • Fighting coronavirus
      • 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

    Listen to our podcast

  • Learning

    Learning

    The e-Academy – the point of access to your learning

    Go to overview 

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

    European Patent Academy

    Boost your IP knowledge with (e-)training from the European Patent Academy

  • 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
    • Governance
      • Overview
      • Communiqués
      • Calendar
      • Documents and publications
      • Administrative Council
    • Principles & strategy
      • Overview
      • Our mission, vision, values and corporate policy
      • Public consultation on the EPO's Strategic Plan 2028
      • Towards a New Normal
    • Leadership & management
      • Overview
      • President António Campinos
      • Management Advisory Committee
    • Social responsibility
      • Overview
      • Environment and sustainability
      • Art collection
    • 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
      • About the Observatory
      • Our activities
      • Our topics
      • Our partners and networks
      • Digital library
      • Data desk
    • Procurement
      • Overview
      • Procurement forecast
      • Doing business with the EPO
      • Procurement procedures
      • 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
      • EPO Data Hub
      • Clarification on data sources
    • History
      • Overview
      • 1970s
      • 1980s
      • 1990s
      • 2000s
      • 2010s
      • 2020s

    about us

    Patent Index 2022

 
en de fr
  • Language selection
  • English
  • Deutsch
  • Français
Main navigation
  • Homepage
  • New to patents
    • Go back
    • Overview
    • What's your big idea?
    • Are you ready?
    • What to expect
    • How to apply for a patent
    • Your business and patents
    • Is it patentable?
    • Are you first?
    • Why do we have patents?
    • 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
        • Cross-reference index for Euro-PCT applications
        • EP authority file
        • Help
      • Searching Asian documents
      • EP full-text search
      • Bibliographic coverage in Espacenet and OPS
      • Full-text coverage in Espacenet
    • 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
      • Searching Asian documents
      • Third-party observations
    • Business information
      • Go back
      • Overview
      • PATSTAT
      • IPscore
        • Go back
        • Release notes
      • Patent insight reports
    • Data
      • Go back
      • Overview
      • 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)
          • Go back
          • EBD files (weekly download) - free of charge
            • Go back
            • Secure EBD ST.36 files (weekly download) - for national patent offices only
        • Boards of Appeal decisions
        • EP full-text data for text analytics
      • Web services
        • Go back
        • Overview
        • Open Patent Services (OPS)
        • European Publication Server web service
      • Coverage, codes and statistics
        • Go back
        • Weekly updates
        • Updated regularly
    • Helpful resources
      • Go back
      • Overview
      • First time here? Patent information explained.
        • 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
          • Unitary Patent Guide
          • Main features
          • Applying for a Unitary Patent
          • Cost of a Unitary Patent
          • Translation and compensation
          • Start date
        • 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
        • Online Filing 2.0 pilot
        • MyEPO Portfolio - pilot phase
        • Online Filing 2.0 pilot continuation
        • Exchange data with us using an API
      • Get access
        • Go back
        • Overview
        • Installation and activation
      • File with us
        • Go back
        • Overview
        • What if our online filing services are down?
        • Release notes
      • Interact on your files
      • 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
      • 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
        • 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
      • 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
      • About the award
      • Categories and prizes
      • Meet the finalists
      • Nominations
      • Watch the 2023 ceremony
      • European Inventor Network
        • Go back
        • Activities granted in 2023
    • 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
      • Firefighting technologies
        • Go back
        • Overview
        • Detection and prevention of fires
        • Fire extinguishing
        • Protective equipment
        • Post-fire restoration
      • Green tech in focus
        • Go back
        • Overview
        • About green tech
        • Renewable energies
        • Energy transition technologies
        • Building a greener future
      • CodeFest on Green Plastics
      • Clean energy technologies
        • Go back
        • Overview
        • Renewable energy
        • Carbon-intensive industries
        • Energy storage and other enabling technologies
      • IP and youth
      • Research institutes
      • Women inventors
      • 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
      • 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
        • Patents and standards
        • Artificial intelligence
        • Fourth Industrial Revolution
      • Additive manufacturing
        • Go back
        • Overview
        • About AM
        • AM innovation
      • Books by EPO experts
    • Podcast
  • Learning
    • Go back
    • Overview
    • European Patent Academy
      • Go back
      • Overview
      • Learning activities
      • Learning Paths
    • Professional hub
      • Go back
      • Overview
      • EPAC - European patent administration certification
      • EQE - European Qualifying Examination
        • Go back
        • Overview
        • Archive
        • Candidates successful in the European qualifying examination
        • Compendium
          • Go back
          • Overview
          • Pre-examination
          • Paper A
          • Paper B
          • Paper C
          • Paper D
    • Learning resources by area of interest
      • Go back
      • Overview
      • Patent granting
      • Technology transfer and dissemination
      • Patent enforcement and litigation
        • Go back
        • Overview
        • Patent enforcement in Europe
        • Patent litigation in Europe
    • 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
        • Inventors' handbook
          • Go back
          • Overview
          • Introduction
          • Disclosure and confidentiality
          • Novelty and prior art
            • Go back
            • Overview
            • Is the idea ‘obvious’?
            • Prior art searching
            • Professional patent searching
            • Simple Espacenet searching
            • What is prior art?
            • Why is novelty important?
          • Competition and market potential
            • Go back
            • Overview
            • Research guidelines
          • Assessing the risk ahead
            • Go back
            • Overview
            • Exploitation routes
            • Significant commercial potential
            • Significant novelty
            • What about you?
            • What if your idea is not novel but does have commercial potential?
          • Proving the invention
            • Go back
            • Overview
            • Help with design or redesign
            • Prototype strategy
          • Protecting your idea
            • Go back
            • Overview
            • Forms of IPR
            • Patenting strategy
            • The patenting process
          • Building a team and seeking funding
            • Go back
            • Overview
            • Building a team
            • Sources of funding
            • Sources of help for invention
          • Business planning
            • Go back
            • Overview
            • Constructing a business plan
            • Keep it short!
          • Finding and approaching companies
            • Go back
            • Overview
            • First contact
            • Meetings
          • Dealing with companies
            • Go back
            • Overview
            • Advance or guaranteed payment
            • Companies and your prototype
            • Full agreement – and beyond
            • Negotiating a licensing agreement
            • Reaching agreement
            • Royalties
        • 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
          • For IP professionals
          • For business decision-makers
          • For stakeholders of the innovation ecosystem
      • EQE Candidates
        • Go back
        • Overview
        • Coffee-break questions
        • Daily D questions
        • European qualifying examination - Guide for preparation
      • 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
  • 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
    • Governance
      • Go back
      • Overview
      • Communiqués
        • Go back
        • Overview
        • 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
      • Towards a New Normal
      • Data protection & privacy notice
    • Leadership & management
      • Go back
      • Overview
      • About the President
      • Management Advisory Committee
    • Procurement
      • Go back
      • Overview
      • Procurement forecast
      • Doing business with the EPO
      • Procurement procedures
      • About eTendering
      • Procurement portal
        • Go back
        • Overview
        • e-Signing contracts
      • Invoicing
      • 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
        • Statistics
          • Go back
          • Overview
          • Search
          • Examination
          • Opposition
      • 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
          • Search services
          • Examination services, final actions and publication
          • Opposition services
          • Patent filings
            • Go back
            • Overview
            • Detailed methodology
            • Archive
          • Online Services
          • Patent information
            • Go back
            • Overview
            • Innovation process survey
          • Customer services
          • Filing services
          • Website
          • Survey on electronic invoicing
          • Companies innovating in clean and sustainable technologies
      • 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
    • Statistics and trends
      • Go back
      • Overview
      • Statistics & Trends Centre
      • EPO Data Hub
      • Clarification on data sources
    • Social responsibility
      • Go back
      • Overview
      • Environment
      • 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
            • aqua_forensic
            • LIMINAL
            • MaterialLab
            • Perfect Sleep
            • Proof of Work
            • TerraPort
            • Unfinished Sculpture - Captives #1
            • Deep vision – immersive exhibition
          • The European Patent Journey
          • Sustaining life. Art in the climate emergency
          • Next generation statements
          • Open storage
          • Cosmic bar
        • Lange Nacht 2023
    • History
      • Go back
      • Overview
      • 1970s
      • 1980s
      • 1990s
      • 2000s
      • 2010s
      • 2020s
    • Transparency portal
      • Go back
      • Overview
      • General
        • Go back
        • Overview
        • 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
    • Observatory on Patents and Technology
      • Go back
      • Overview
      • About the Observatory
      • Our activities
      • Our topics
      • Our partners and networks
      • Digital library
      • Data desk
  • Boards of Appeal
    • Go back
    • Overview
    • Decisions of the Boards of Appeal
      • Go back
      • Overview
      • Recent decisions
      • Selected decisions
    • Procedure
    • Annual reports
      • Go back
      • Overview
    • Organisation
      • 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
        • Composition of the Presidium
          • Go back
          • Overview
          • Archive
    • Code of Conduct
    • Business distribution scheme
      • Go back
      • Overview
      • Technical boards of appeal by IPC in 2023
      • Archive
    • Annual list of cases
    • Communications
    • Publications
    • Case Law of the Boards of Appeal
      • Go back
      • Overview
      • Archive
    • Case Law from the Contracting States to the EPC
    • Oral proceedings
  • Service & support
    • Go back
    • Overview
    • Website updates
    • Availability of online services
      • Go back
      • Overview
    • FAQ
      • Go back
      • Overview
    • Publications
    • Ordering
      • Go back
      • Overview
      • 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
      • Legal resources
      • Directories of patent attorneys
      • Patent databases, registers and gazettes
      • Disclaimer
    • Contact us
      • Go back
      • Overview
      • Filing options
      • Locations
      • Specific contact
    • Subscription centre
      • Go back
      • Overview
      • Subscribe
      • Change preferences
      • Unsubscribe
    • Official holidays
    • Forums
    • Glossary
    • RSS feeds
Board of Appeals
Decisions

Recent decisions

Overview
  • 2023 decisions
  • 2022 decisions
  • 2021 decisions
https://www.epo.org/en/node/r090010eu1
  1. Home
  2. R 0010/09 22-06-2010
Facebook X Linkedin Email

R 0010/09 22-06-2010

European Case Law Identifier
ECLI:EP:BA:2010:R001009.20100622
Date of decision
22 June 2010
Case number
R 0010/09
Petition for review of
T 1515/06
Application number
95916308.0
IPC class
A61M 37/00
Language of proceedings
EN
Distribution
DISTRIBUTED TO BOARD CHAIRMEN AND MEMBERS (B)

Download and more information:

Decision in EN 39.25 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

Apparatus for conditioning gas

Applicant name
Lexion Medical, LLC
Opponent name
OII - Trudell Medical International
Board
-
Headnote
-
Relevant legal provisions
European Patent Convention Art 112a
European Patent Convention Art 113(1)
European Patent Convention Art 114(2)
European Patent Convention Art 111(1)
European Patent Convention R 104
European Patent Convention R 106
European Patent Convention R 109(2)(a)
Rules of procedure of the Boards of Appeal Art 12(2)(a)
Rules of procedure of the Boards of Appeal Art 12(4)
Rules of procedure of the Boards of Appeal Art 13(1)
Keywords
Petition for review - clearly unallowable
Catchword
Exercise of discretion - not subject to review
Cited decisions
-
Citing decisions
T 0247/12
R 0005/21
R 0003/17
R 0006/19
R 0009/13
R 0011/20
T 1802/12
R 0018/09
R 0010/13
R 0020/10
R 0011/13
T 1178/08
T 0158/14
R 0006/11
R 0012/13
T 0556/09
R 0011/11
R 0013/13
T 0936/09
T 0695/17
R 0013/11
T 1743/09
R 0005/15
T 0050/10
R 0019/11
R 0003/12
R 0006/17
T 0518/10
R 0004/13
R 0003/18
T 1400/11
R 0005/13
T 1225/13
T 1123/14
R 0010/14
R 0017/11
T 0253/10

I. European patent No. 0827417 relating to an apparatus for conditioning gas was granted to Lexion Medical, LLC. Mention of this grant was published in the European Patent Bulletin on 10 March 2004.

Two notices of opposition were filed on 10 December 2004 respectively by

OI: Pall Corporation (USA) having G. Wössner as authorised representative.

OII: Trudell Medical International (Canada) having T. Albrecht as authorised representative.

The patent was opposed under the respective grounds of opposition of Articles 100(a) and (b) EPC.

With its interlocutory decision posted on 16 August 2006 the opposition division maintained the patent in amended form.

II. With letter dated 27 September 2006 Dr T. Albrecht acting as professional representative filed an appeal against this decision. Said letter mentioned the names of both opponents, and further identified the patent in suit, its proprietor, and the appealed decision. This letter also contained the requests of the appellant. With letter dated 22 December 2006 Dr T. Albrecht filed the statement of grounds of appeal.

With letter dated 7 July 2008 Dr G. Wössner as professional representative withdrew the opposition in the name of Pall Corporation, i.e. OI.

III. In its reply of 9 July 2007 to the notice of appeal the patent proprietor/respondent requested:

- that the appeal be considered inadmissible since it failed to comply with the requirements of Article 108 and Rule 64 EPC;

- that documents E25 to E27 filed together with the statement of grounds of appeal not be admitted into the proceedings due to their late filing;

- that in case they be admitted the case be remitted to the first instance and the costs accordingly apportioned.

IV. In a communication dated 21 October 2008 annexed to the summons to oral proceedings the Board of Appeal set out its provisional non-binding opinion that:

- the appeal appeared admissible since the corresponding notice allowed the appellant to be identified,

- documents E25 to E27 filed with the statement of grounds of appeal were to be considered as a direct reaction to the adverse decision of the opposition division and should therefore be introduced into the proceedings,

and that in this respect a remittal to the first instance would be inappropriate.

V. In response to said communication the patent proprietor/respondent by letter of 4 February 2009 maintained its objections and filed observations in respect of the corresponding preliminary opinion of the Board concerning the admissibility of the appeal and of the newly filed documents E25 to E27.

Further the proprietor/respondent disagreed with the preliminary opinion of the Board relating to inventive step, and filed in this respect an auxiliary request, with the sole comment that "Claim 1 has been amended to include the features of Claims 5 and 6".

VI. Oral proceedings took place on 4 March 2009, at the issue of which the respondent/patentee requested that:

- the appeal be rejected as inadmissible;

- if the appeal is admissible, that it be dismissed and the patent be maintained as in the contested decision (main request) or with the auxiliary request filed on 4 February 2009;

- furthermore that the late-filed documents not be admitted into the proceedings:

- if the late filed documents are admitted, that the case be remitted to the first instance:

- if the case is remitted, that an apportionment of cost be ordered.

The debate was then closed and after deliberation the Board pronounced its decision that:

- the decision under appeal is set aside and

- the patent is revoked.

No procedural objection under Rule 106 EPC was raised during the oral proceedings held before the Board.

The decision in writing was notified to the parties by letter posted 20 April 2009, and deemed received on 30 April 2009.

VII. On 16 June 2009 the patentee (hereafter the petitioner) filed a petition for review with the Enlarged Board of Appeal pursuant to Article 112a EPC. It paid the corresponding fee on the same day.

As a main request the petitioner requested that the decision T 1515/06 of Board of Appeal 3.2.02 be set aside, proceedings be reopened before the Board of Appeal and the patent be granted as upheld in amended form by the opposition division.

As an auxiliary request the petitioner requested oral proceedings.

The petitioner based its requests on two provisions of law, namely:

- Article 112a(2)(c) EPC on the ground that a fundamental violation of Article 113 EPC occurred, and

- Article 112a(2)(d) EPC together with Rule 106 EPC on the ground that a fundamental procedural defect occurred in the appeal proceedings.

The facts on which the petition for review relied in writing were:

1. The refusal by the Board to admit the single auxiliary request into the proceedings;

2. the decision by the Board to admit documents E25 and E26 into the proceedings;

3. the refusal by the Board to remit the case to the first instance while admitting late-filed documents into the proceedings;

4. the decision by the EPO to reopen appeal proceedings it had already declared closed;

5. the decision by the Board to admit the appeal.

VIII. In a communication dated 5 May 2010 pursuant to Article 14(2) of the RPEBA in order to prepare the oral proceedings due to take place on 22 June 2010 the petitioner was informed of the provisional non-binding opinion of the Enlarged Board of Appeal on each point it made in support of its petition for review.

IX. Oral proceedings were held on 22 June 2010. The petitioner presented its case and before closure of the debate it made the following requests:

- as main request,

- that the decision T 1515/06 of the Board of Appeal 3.2.02 notified with letter dated 20 April 2009, deemed received on 30 April 2009, be set aside,

- that the proceedings be re-opened before the Board of Appeal and,

- that the patent be granted as upheld in amended form by the Opposition Division.

- as auxiliary request filed during the oral proceedings,

- that the decision for which review is sought be set aside, proceedings be re-opened before the Board of Appeal and the case be remitted to the Opposition Division.

1. Admissibility of the petition for review

1.1 The formal requirements for the petition for review according to Article 112a(4) and Rule 107 EPC are met.

1.2 Rule 106 EPC additionally requires as a prerequisite of admissibility of the petition for review that an objection in respect of the procedural defect be raised during the appeal proceedings and dismissed by the Board of Appeal except where such objection could not be raised during the appeal proceedings.

1.3 The Enlarged Board of Appeal accepts that no objection could have been raised before the decision not to allow the petitioner's requests had been notified in writing, since at the time the debate was closed it ignored which would be their fate.

2. The first alleged ground for review consists in the refusal by the Board of Appeal to admit the auxiliary request into the appeal proceedings.

The petitioner although originally relying on the provisions of Rule 106 EPC admitted that they could not constitute a proper legal basis for its petition and relied rather during the oral proceedings on those of Rule 104 EPC which it alleged not to be exhaustive.

2.1 According to the petitioner, the decision not to admit an auxiliary request that had been filed within the time limit set by the Board of Appeal itself was a total surprise for it since it was given no opportunity at all to comment on the merits of a request which indeed represented a mere limitation of the granted patent by way of incorporation of dependent claims into claim 1. Further being the respondent in the appeal proceedings it saw no need when filing the auxiliary request in writing to explain why the newly defined subject-matter would be inventive, all the more in a case like this where the patent had been maintained unamended by the Opposition Division.

2.2 That notwithstanding, the decision to admit or not to admit a request into the appeal proceedings is at the discretion of the Board of Appeal. Therefore the way in which this judicial body has exercised its discretion on a procedural matter falls outside the jurisdiction of the Enlarged Board of Appeal since this would need a review of all facts and circumstances of the case, which necessarily would mean entering on the merits of the substantive issue.

Moreover the petitioner, who recognises that admission of new requests is at the discretion of the Board of Appeal, cannot claim that its right to be heard has been infringed in this respect since the issue of admissibility of the auxiliary request has been the object of debate during the oral proceedings held before the Board of Appeal. This is confirmed in the petition itself (page 3, paragraph 2) and also in the decision of which review is sought (page 5, point VIII last paragraph).

Finally the mere fact that a time limit for filing new submissions set by the Board of Appeal in a communication prior to oral proceedings, has been respected by a party does not necessarily mean that any timely submission becomes for that reason alone admissible.

2.3 The discretionary power contained in Article 114(2) EPC, as well as in Article 13(1) RPBA, is as such not subject to review by the Enlarged Board of Appeal, unless under Article 112a(2)c) EPC a fundamental violation of Article 113 EPC occurred while exercising this discretionary power.

Precisely this cannot be the case here since the issue of the admission of the auxiliary request was, as admitted by the petitioner, the object of debate during the oral proceedings held before the Board of Appeal.

2.4 That having been said and concerning Article 112a(2)(d) EPC, the Enlarged Board notes that the alleged violation is not included in the list of fundamental procedural defects of Rule 104 EPC. This rule implements Article 112a(2)(d) EPC which provides: "any other fundamental procedural defect as defined in the Implementing Regulations".

The wording of Article 112a(2)(d) EPC is quite clear:

- a petition for review can only be filed on the grounds it specifies

- it leaves it to the Implementing Regulations to define further procedural defects which may justify a petition for review. This implies that what is not defined by the Implementing Regulations does not qualify as a procedural defect in the sense of Article 112a(2)(d) EPC.

Rule 104 EPC is the implementing rule providing two additional fundamental procedural defects to wit, (a) the Board did not hold oral proceedings despite a request to this end; or (b) it omitted to decide upon a request.

2.5 Since the list of grounds for review mentioned in Rule 104 EPC is exhaustive and since the Board decided on the admission of an auxiliary request Rule 104 EPC is of no relevance here.

3. The decision to accept late-filed documents E25 and E26 into the appeal proceedings, but to refuse the request for remittal to the first instance and further to revoke the patent on the basis of one of these documents also constitutes in the view of the petitioner a violation of Article 113 EPC pursuant to Article 112a(2)c) EPC as a second instance was denied the patent proprietor whereas given to the opponent. The petitioner added in this respect that the purpose and function of Article 113 EPC were inter alia to ensure that the parties be fairly and equally treated in the proceedings before the EPO. It referred to the principles set out in the Vienna Convention on the Law of Treaties, the European Convention on Human Rights and Fundamental Freedoms, and the Treaty on Trade Related Aspects of Intellectual Property Rights, more particularly to Article 65 of the latter. In its view it was fundamental that judicial decisions remain predictable, and that in inter partes proceedings, both parties be guaranteed due process of law, which required equality of treatment.

3.1 The Enlarged Board of Appeal considers that there is no need in the present case to decide whether the provisions of the European Convention on Human Rights and Fundamental Freedoms of 4 November 1950 directly apply to the proceedings before the EPO which is not a party to said treaty. Nor can a mere imprecise reference to such other Treaties be decisive in the case in suit.

Indeed the guarantee of due process of law requires primarily that the relevant provisions of law be applied to the facts under consideration; i.e. in the case in suit Article 114(2) EPC together with Article 12(2) and (4) RPBA, as well as Article 111(1) EPC last sentence respectively.

3.2 On the one hand it is standing case law under Article 114(2) EPC and 12(4) RPBA that the admission of new requests in appeal proceedings, the purpose of which is mainly to review the decision of the department of first instance, is a matter for the board's discretion and not a right of any party.

On the other hand similarly, under Article 111(1) EPC last sentence the Boards of Appeal have the power either to decide on the appeal themselves or to remit the case to the department of first instance for further prosecution. The Boards of Appeal have developed a body of case law regarding the criteria for exercising this discretion. In particular, when applying Article 12(2)(a) RPBA, boards usually consider that documents filed together with the statement of grounds of appeal by the appealing party adversely affected by the decision of the first instance are presumed admissible if the introduction of these documents does constitute a legitimate reaction to the reasoning underlying the appealed decision.

3.3 Moreover both issues have been the subject-matter of debate before the Board of Appeal, and were also addressed by the petitioner in its submissions in writing. Therefore for this very reason the petitioner cannot now claim that its right to be heard was violated in this respect.

In any case the Enlarged Board of Appeal is not empowered under the provisions of Article 112a EPC to decide on the merits of a case, which also necessarily implies that it has no power to control the normal exercise a board makes of its discretion in respect of admission of late-filed documents or remittal of the case under consideration to the first instance.

4. After former Opponent I withdrew its opposition the registrar erroneously notified the remaining parties that the case was to be considered closed. This error was corrected later on. The registrar has no judicial function to decide an appeal, so no particular rights can be derived from this error. Moreover an administrative action cannot exhaust the rights of an appellant (here OII) to have its case decided by the competent board of appeal. Relying on this error as a ground is therefore manifestly void of merit, even leaving aside the fact that it does not appear in the exhaustive list of grounds of review contained in Article 112a(2)(a) to (e) together with Rule 104 (a) and (b) EPC, respectively.

5. The issue of the admissibility of the appeal was discussed at large in writing (see replies by the respondent petitioner) as well as, on the petitioner's own admission, during the oral proceedings held before the Board of Appeal.

This body decided that point on the merits, and the Enlarged Board of Appeal cannot identify anything in that respect that could constitute a procedural defect falling under the list of grounds of Article 112a(2) and Rule 104 EPC, which, as has been mentioned above (points 2.4 and 2.5), contains an exhaustive list.

6. To summarise, none of the grounds relied on by the petitioner has been made out and the Enlarged Board of Appeal sitting in its composition under Rule 109(2)(a) EPC rejects the petition for review as clearly unallowable.

Order

ORDER

For these reasons it is unanimously decided that:

The petition for review is rejected as clearly unallowable.

Footer - Service & support
  • Service & support
    • FAQ
    • Publications
    • Procedural communications
    • Contact us
    • Subscription centre
    • Official holidays
    • Forums
    • Glossary
Footer - More links
  • Jobs & careers
  • Press centre
  • Single Access Portal
  • Procurement
  • Boards of Appeal
SoMe facebook 0
European Patent Office
EPO Jobs
SoMe instagram
EuropeanPatentOffice
SoMe linkedIn
European Patent Office
EPO Jobs
EPO Procurement
SoMe twitter
EPOorg
EPOjobs
SoMe youtube
TheEPO
Footer
  • Legal notice
  • Terms of use
  • Data protection and privacy
  • Accessibility