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
      • Find a professional representative
      • File with us
      • Interact on your files
      • Online Filing & fee payment outages
      • Tutorials
    • 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
      • EPC Guidelines
      • PCT-EPO Guidelines
      • Guidelines revision cycle
      • 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
      • A glimpse of the planned activities
      • Kids’ collaborative art competition
      • 50 Leading Tech Voices
    • Legal foundations and member states
      • Overview
      • Legal foundations
      • Member states of the European Patent Organisation
      • Extension states
      • Validation states
    • Governance
      • Overview
      • Communiqués
      • Calendar
      • Select Committee documents
      • 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
      • Consulting our users
      • European and international co-operation
      • European Patent Academy
      • Chief Economist
      • Ombuds Office
      • Reporting wrongdoing
    • 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
            • Go back
            • Overview
            • BG - Federated Register Service
            • GB - Federated Register Service
            • NL - Federated Register Service
            • MK - Federated Register Service
            • ES - Federated Register Service
            • GR - Federated Register Service
            • SK - Federated Register Service
            • FR - Federated Register Service
            • MT - Federated Register Service
          • 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
      • 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
      • Find a professional representative
      • 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
      • Tutorials
    • 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
  • 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
      • EPC Guidelines
        • Go back
        • Overview
        • Archive
      • PCT-EPO Guidelines
        • Go back
        • Overview
        • Archive
      • Guidelines revision cycle
      • 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
        • IP clinics
      • 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
        • Academic Research Programme
          • Go back
          • Overview
          • Completed research projects
          • Current research projects
        • 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
        • 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
      • Overview
      • 50 Leading Tech Voices
      • 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
      • 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
    • 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
  • 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
      • 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
    • Subscription centre
      • Go back
      • Overview
      • Subscribe
      • Change preferences
      • Unsubscribe
    • Official holidays
    • Forums
    • Glossary
Board of Appeals
Decisions

Recent decisions

Overview
  • 2023 decisions
  • 2022 decisions
  • 2021 decisions
https://www.epo.org/en/node/t001023eu1
  1. Home
  2. T 1023/00 (Stable plasma/JOUANNEAU) 17-09-2003
Facebook Twitter Linkedin Email

T 1023/00 (Stable plasma/JOUANNEAU) 17-09-2003

European Case Law Identifier
ECLI:EP:BA:2003:T102300.20030917
Date of decision
17 September 2003
Case number
T 1023/00
Petition for review of
-
Application number
96925244.4
IPC class
H01J 37/00
Language of proceedings
EN
Distribution
DISTRIBUTED TO BOARD CHAIRMEN (C)

Download and more information:

Decision in EN 34.53 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

Method and apparatus for producing and using plasma

Applicant name
Jouanneau, André
Opponent name
-
Board
3.4.03
Headnote
-
Relevant legal provisions
European Patent Convention Art 83 1973
European Patent Convention Art 84 1973
European Patent Convention Art 54 1973
Keywords

Clarity (no) - functional feature directed to the creation of a state of matter whose very existence is in doubt and for which there is no established technique of detection

Sufficiency of disclosure (no)

Catchword
-
Cited decisions
T 0541/96
T 0068/85
T 0418/89
T 0107/00
Citing decisions
T 1285/15
T 1485/17

I. European patent application No. 96 925 244.4 was refused in a decision of the examining division dated 18 May 2000. The ground for the refusal was that the application did not meet the requirements of Articles 83 and 84 EPC.

II. The appellant (applicant) lodged an appeal on 19 July 2000, paying the appeal fee the same day. A statement of the grounds of appeal was filed on 27 September 2000 together with claims according to a main request and an auxiliary request, respectively.

III. In a communication under Article 11(2) of the RPBA accompanying summons for oral proceedings, the Board informed the appellant of its provisional opinion that the application did not appear to meet the requirements of Articles 83, 84, 52(1) and 54 EPC. The Board referred to the following documents:

D1: Zeitschrift für Elektrochemie, Vol. 57, No. 6, 1953, pages 399 to 405;

D2: Journal of the Electrochemical Society, Vol. 102, No. 8, 1955, pages 485 to 489;

D3: Nature, Vol. 342, 23 November 1989, pages 375 to 384; and

D4: Nature, Vol. 340, 17 August 1989, pages 525 to 530.

Documents D1 and D2 are cited in the application in suit and documents D3 and D4 were cited in the International Search Report.

IV. With a letter dated 16 September 2003, the appellant informed the Board that he would not attend the oral proceedings scheduled for 17 September 2003.

V. Oral proceedings were held on 17 September 2003 in the absence of the appellant.

The appellant requested in writing that the decision under appeal be set aside and a patent be granted on the basis of one of the following requests:

Main request:

Claims 1 to 38 according to the main request filed on 27. September 2000 with the statement of the grounds of appeal;

Auxiliary request:

Claims 1 to 16 according to the auxiliary request filed on 27 September 2000 with the statement of the grounds of appeal.

VI. The independent claims 1 and 2 according to the main request have the same wording as claims 1 and 2 which formed the basis of the decision under appeal and read as follows:

"1. The method of creating and using a stable plasma inside a solid, comprising: providing a solid with a lattice of such nature that it will allow the creation of stable plasma inside, causing particles to enter the lattice and become a stable plasma inside, and using the plasma."

"2. Apparatus for creating and using a stable plasma inside a solid, including: providing a solid material with a lattice of such nature that it will allow the creation of stable plasma inside, means for moving particles into said lattice and causing said particles to become a stable plasma inside, and means to use the plasma."

VII. The independent claims 1 and 9 according to the auxiliary request read as follows:

"1. A method of creating and using stable plasma inside a solid, comprising: providing cathode of a solid material with a lattice of such nature that it will allow the creation of stable plasma inside, the solid material being or including at least one metal with an affinity for hydrogen and the lattice including elementary cells with a free available volume of between 3.75 Å3 and 4.5 Å3, providing a source of particles with a pH of less than 0.4, causing the particles to enter the lattice and become a stable plasma inside by energising the cathode at a voltage such that the current density is greater than 0.1 A/cm3, and using the plasma."

"9. Apparatus for creating and using a stable plasma inside a solid, including a cathode of solid material with a lattice of such nature that it will allow the creation of stable plasma inside, the solid material being or including at least one metal with an affinity for hydrogen and the lattice including elementary cells with a free available volume of between 3.75 Å3 and 4.5 Å3, a source of the particles with a pH of less than 0.4, means for moving particles into said lattice and causing said particles to become a stable plasma inside comprising means for energising the cathode at a voltage such that the current density is greater than 0.1 A/cm3, and means for using the plasma."

VIII. In the decision under appeal, the examining division reasoned essentially as follows:

(a) Claims 1 and 2 do not define the essential features of the invention in clear terms, since they indicate the result to be achieved instead of defining the structural features and/or actions which are essential for obtaining the result. In particular, a solid is provided whose only stated feature is that it has a lattice "of such a nature that it will allow the creation of a stable plasma inside." In the claims it is furthermore not stated which kind of plasma should be obtained in the lattice, so that the exact result to be achieved is left ambiguous. Therefore, the requirement of clarity according to Article 84 EPC is not met.

It is furthermore not clear which kind of method step or device means is referred to by the function of "causing particles to enter the lattice and become a stable plasma inside". The above feature "formation of a stable plasma" is the feature, which according to the applicant forms the main difference between the invention and the prior art. Consequently, the skilled person does not know how to obtain this feature.

(b) Regarding Article 83 EPC, there is no experimental evidence showing that the postulated stable plasma in the lattice of a solid is obtainable at all, and the disclosure appears to lack a description of a specific embodiment which would enable the skilled person to create and verify such a stable plasma. The applicant seems to base the existence of a plasma solely on theoretical speculations relating to the V vs. log(I) curves shown in Figures 5a and 5b, and not on any experimental evidence relating to the plasma itself.

IX. In support of his requests, the appellant presented essentially the following arguments:

(a) Regarding the objections under Article 84 EPC, the application in suit discloses the conditions required on the solid in order that a stable plasma may form inside the lattice. There are also several methods disclosed in the application for introducing the charged particles into the solid (electrolytes, plasma injection). Finally, several types of particles to be introduced in the lattice are disclosed. Therefore, the requirements of Article 84 EPC are met, since the claims are kept concise and the scope of the independent claims is well-defined.

(b) The application meets the requirements of Article 83 EPC as well, since the description provides detailed information as to which solid materials would have a lattice allowing the creation of stable plasma inside, as well as disclosing several means for moving particles into the solid material and causing the particles to become a stable plasma inside. The application also discloses which types of particles would be suitable for forming stable plasma, and it discloses different means for using the plasma.

(c) The claimed method and apparatus are new with respect to the documents cited in the search report, since in all these cases, atomic hydrogen is stored in palladium, whereas in the claimed invention, hydrogen in plasma form is stored.

1. The appeal complies with Articles 106 to 108 and Rule 64 EPC and is therefore admissible.

2. Article 83 EPC:

2.1. The examining division objected to that the application in suit failed to disclose any experimental evidence showing that the postulated stable plasma in the lattice of a solid was obtainable at all, and that the disclosure appeared to lack a description of a specific embodiment which would enable the skilled person to create and verify such a stable plasma. In particular, the applicant seemed to base the existence of a plasma solely on theoretical calculations relating to the V vs. log(I) curves shown in Figures 5a and 5b, and not on any experimental evidence relating to the plasma itself (cf. item VIII(b) above).

The appellant referred to the detailed description giving ample examples of metals which would be suitable for formation of a stable plasma, and the different manners how particles can be made to enter the metals and form a stable plasma within the metals (cf. IX(b) above).

2.2. As already mentioned in the communication accompanying the summons for oral proceedings, the Board agrees with the examining division that the alleged formation of a plasma inside the palladium electrode is based on the conjecture that such a plasma is formed when the coefficient b is equal to zero in the Tafel equation

V = a - b log(I)

(in the following referred to as 'the "b=0" state'). This condition is shown to take place when a palladium electrode is placed in an electrolyte having pH of about 0.40 or less (cf. application, page 6, lines 33 to 35; page 10, lines 1 to 34; Figure 5a). The embodiments of Figures 8 and 9, on the other hand, use techniques of immersing a palladium electrode in hydrogen plasma or hydrogen gas, for which the application does not offer any theory predicting the formation of a plasma inside the electrode.

2.3. It is acknowledged in the application in suit that the "b = 0" state for a palladium electrode in an electrolyte was also disclosed in documents D1 and D2 (cf. application in suit, page 9, line 22 to page 10, line 6; D1, Section "Grenzwert der Diffusionsüberspannung" on pages 403 to 404; D2, page 486 "Results", Figures 2a and 2b, page 488, right hand column, last paragraph to page 489). In contrast to the theory of plasma formation developed in the application in suit, both the documents D1 and D2 attribute this phenomenon to the formation of a super-saturated state of hydrogen in palladium, i.e. an explanation which does not entail the formation of a plasma inside the palladium electrode (cf. D1, page 404, right hand column; D2, page 48, right hand column to page 489).

2.4. The alleged formation of a plasma inside a palladium electrode remains a highly controversial topic in the scientific community, as exemplified by the documents D3 and D4, which both are published in Nature, a peer-reviewed scientific journal. Both the documents D3 and D4 present negative results on the search for nuclear fusion in palladium, a phenomenon which presupposes the existence of a hydrogen (deuterium) plasma inside palladium.

2.5. Thus, in the present case, the theory of plasma formation inside a palladium electrode forming the basis of the claimed invention is not only in contradiction with the theories presented in documents D1 and D2 for explaining the same phenomenon, but is also in contradiction with the findings in numerous other scientific publications, such as documents D3 and D4, which all report the failure to observe any indication that a high-density hydrogen (deuterium) plasma could be formed inside a palladium electrode.

2.6. In the decision T 541/96 it was held that if an invention seems, at least at first, to offend against the generally accepted laws of physics and established theories, the disclosure should be detailed enough to provide to a skilled person conversant with mainstream science and technology that the invention is indeed feasible (cf. reasons, items 6.1 and 6.2).

2.7. Thus, under the present circumstances where the present invention is in apparent contradiction with established theories, it is not sufficient for meeting the requirements of Article 83 EPC merely to present a theory which shows the possibility of forming a plasma inside a solid without providing experimental evidence that (i) such a plasma is actually produced; and (ii) the plasma can be produced using the means disclosed in the application in suit.

2.8. Furthermore, the Board also notes that the application in suit fails to provide any experimental evidence that the plasma allegedly produced in the solid could be put successfully into the different uses envisaged in the application in suit, such as rocket propellant, source of very high current, nuclear fusion, or transmutation of elements. As mentioned above, a large number of scientific articles, such as documents D3 and D4, show that until to date, nuclear fusion in the manner envisaged in the application in suit has not been observed despite considerable effort spent on these endeavours. The same applies to the alleged transmutation of elements inside palladium.

Therefore, the onus is also here on the appellant to show that the different uses disclosed in the application in suit are not merely speculative but feasible. The appellant has however failed to provide any evidence supporting the alleged feasibility.

2.9. Therefore, in the Board's judgement, the application in suit does not meet the requirements of Article 83 EPC.

3. Article 84 EPC:

3.1. In the decision under appeal, the examining division held that the independent claims fail to define the essential features of the invention in clear terms, since they indicate the result to be achieved instead of defining the structural features and/or actions which are essential for obtaining the result (cf. item VIII(a) above).

The appellant argued that the independent claims 1 and 2. according to the main request are drafted in functional terms while still providing a clear definition of the invention over the prior art (cf. item IX(a) above).

3.1.1. The Board agrees with the appellant that it is permissible to define technical features in a claim in functional terms, i.e. in terms of a technical result to be achieved, if such features provide sufficient clear instructions to reduce them to practice (see, e.g. T 68/85, OJ EPO 1987, 228; T 418/89, OJ EPO 1993, 20; T 107/00 unpublished). In the present case, in the method of claim 1 according to the main request the lattice is of such nature that "it will allow the creation of stable plasma inside" and a process step is provided for "causing said particles to become a stable plasma inside" the lattice. In the apparatus according to claim 2 according to the main request, also the lattice is defined as in claim 1 and the apparatus includes means for "causing said particles to become a stable plasma".

3.1.2. As mentioned above when discussing the requirements of Article 83 EPC, the concept of a "stable plasma" inside a solid does not have a well-recognized meaning; in fact it is highly questionable whether such a plasma exists at all, taking into account that the appellant's theory predicting the formation of a "stable plasma" inside a solid is in disagreement with other scientific findings as exemplified by documents D1 to D4 (cf. in particular items 2.2 and 2.3 above). Furthermore, the application in suit does not provide any teaching as regards the detection of the "stable plasma", nor is such a technique common general knowledge in the art. Consequently, it is not possible to establish whether or not a given process or apparatus has created a "stable plasma" in a solid.

3.1.3. Therefore, any functional feature directed to the creation of a "stable plasma", such as the above-mentioned features in claims 1 and 2 according to the main request, cannot be clear, since it not only refers to the creation of a state of matter whose very existence is in doubt, but also there does not exist any established technique for detecting the state of matter to be created. Consequently such functional features must fail to meet the above-stated criterion established in the case law of the boards of appeal of providing sufficient clear instructions to reduce them to practice (cf. item 3.1.1 above).

Thus, independent claims 1 and 2 according to the main request are not clear, contrary to the requirements of Article 84 EPC.

3.2. Independent claims 1 and 9 according to the auxiliary request specify the conditions for attaining the "b = 0" state, referred to under item 2.2 above, for an electrode in an electrolyte as means for causing particles to enter the lattice and become a stable plasma inside the lattice. The "b = 0" state is, according to application in suit, an indication of the creation of a stable plasma inside the electrode.

As discussed above, the appellant's theory explaining the "b = 0" state in terms of the formation of a stable plasma inside the electrode is in contradiction with other scientific works, as exemplified by documents D1 to D4 (cf. item 2.5 above). Therefore, it is not clear that a "stable plasma" inside a solid is indeed created, even if one has succeeded in obtaining the "b = 0" state, and since there is no known technique for detecting the alleged "stable plasma", there is no known way to establish whether the "stable plasma" was successfully formed or not.

The independent claims 1 and 9 according to the auxiliary request are therefore not clear, contrary to the requirements of Article 84 EPC.

3.3. The terms "using said plasma" and "means to use said plasma" in claims 1 and 2 according to the main request and in claims 1 and 9 according to the auxiliary request are so vague that they do not have any limiting effect at all on the scope of the claims. The claims are therefore not clear, contrary to the requirements of Article 84 EPC.

3.4. Therefore, in the Board's judgement, claims 1 and 2 according to the main request and claims 1 and 9 according to the auxiliary request do not meet the requirements of Article 84 EPC.

4. The Board also draws attention to the fact that if the applicant were successful in showing that a plasma could indeed be produced inside the palladium electrode when the overvoltage V is independent of the current in Figure 5a (the "b=0" state), then such a plasma must also have been produced in the experiments disclosed in documents D1 and D2, since the experimental conditions disclosed in the application in suit are the same as those disclosed in documents D1 and D2 (cf. D1, Section "Grenzwert der Diffusionsüberspannung" on pages 403 to 404; D2, page 486 "Results", Figures 2a and 2b, page 488, right hand column, last paragraph to page 489). In such a case, the subject matter of claim 1 according to both requests would not be new within the meaning of Article 54(1) and (2) EPC having regard to any of documents D1 and D2.

Order

ORDER

For these reasons it is decided that:

The appeal is dismissed.

Footer - Service & support
  • Service & support
    • FAQ
    • Contact us
    • Subscription centre
    • Official holidays
    • Publications
    • Procedural communications
    • Ordering
    • 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