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

    Patent knowledge

    Access our patent databases and search tools.

    Go to overview 

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

    Technology insight report on plastic waste management

  • Applying for a patent

    Applying for a patent

    Practical information on filing and grant procedures.

    Go to overview 

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

    UP

    Find out how the Unitary Patent can enhance your IP strategy

  • Law & practice

    Law & practice

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

    Go to overview 

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

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

  • News & events

    News & events

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

    Go to overview 

     

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

    Podcast

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

  • Learning

    Learning

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

    Go to overview 

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

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

  • About us

    About us

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

    Go to overview 

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

    Track the latest tech trends with our Patent Index

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

Recent decisions

Overview
  • 2025 decisions
  • 2024 decisions
  • 2023 decisions
  1. Home
  2. T 0138/02 27-06-2006
Facebook X Linkedin Email

T 0138/02 27-06-2006

European Case Law Identifier
ECLI:EP:BA:2006:T013802.20060627
Date of decision
27 June 2006
Case number
T 0138/02
Petition for review of
-
Application number
96101098.0
IPC class
B01D 15/08
Language of proceedings
EN
Distribution
DISTRIBUTED TO BOARD CHAIRMEN (C)

Download and more information:

Decision in EN 77.48 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

Adsorbent for removing interleukins and tumor necrosis factor, and process for removing the same

Applicant name
KANEGAFUCHI KAGAKU KOGYO KABUSHIKI KAISHA
Opponent name
-
Board
3.3.05
Headnote
-
Relevant legal provisions
European Patent Convention Art 52(4) 1973
European Patent Convention Art 54(1) 1973
European Patent Convention Art 54(2) 1973
European Patent Convention Art 54(5) 1973
Keywords
Second medical use; novelty (no)
Catchword
-
Cited decisions
G 0005/83
G 0001/83
G 0006/83
T 0227/91
Citing decisions
T 1167/06
T 2003/08
T 1099/09

I. This appeal lies against the decision of the examining division posted on 10 August 2001 to refuse European patent application no. 96 101 098.0.

II. The examining division held that claim 1 of all requests, then on file, although novel, lacked inventive step having regard to document D1: EP A 247 592. The requirements of clarity and sufficiency of disclosure were not met since the subject matter of the claims was not limited to a particular method of determining log P and to well-defined substances for which the value log P applies. The description was not enabling for the entire broad scope claimed.

III. With the grounds of appeal the appellant filed new sets of claims as a main and three auxiliary requests.

IV. The Board issued a first communication raising objections under Articles 123(2) and 84 EPC, having regard to the missing or incomplete definition of the f factor and undisclosed combinations of tumor necrosis factor (TNF) with certain illnesses recited in the claims. Moreover, use claim 1 of the main and auxiliary requests was considered to lack novelty over D1. The Board also provisionally commented on the potential allowability of Swiss type claims for the use of a material comprising a carrier and an immobilized compound for the manufacture of an adsorbent for a further therapeutic application. It pointed to certain significant differences between a classic medicament and the adsorbent which is used in accordance with the application.

V. With letter of 28 May 2006, the appellant submitted new claims as a main and three auxiliary requests.

Claim 1 of the main request reads as follows:

"1. Use of a material comprising a porous water-insoluble carrier and a compound covalently immobilized onto said carrier, wherein the compound to be immobilized onto said carrier satisfies a value log P of at least 2.50, in which P is the distribution coefficient in an octanol - water system, and the total of hydrophobic fragmental constants f of fragments of said compound covalently immobilized into said carrier is not less than 2.50, in which the hydrophobic fragmental constant f shows the hydrophobicity of various fragments which are determined by statistical management of many found values of log P, for the manufacture of an adsorbent for the treatment of a disease selected from the group consisting of rheumatoid arthritis, systemic inflammatory response syndrome, sepsis, systemic lupus erythematosus, Lyme disease, osteoporosis, Kawasaki disease, gouty arthritis, endometritis, premature labor, Castleman's disease, chronic disease with proliferation, contact dermatitis, idiopathic fibroid lung, adult respiratory distress syndrome, inflammatory bowel disease, immune angiitis, glomerular nephritis, urinary tract infection, cardiac infarction, asthma, respiratory tract infection, perinatal infectuous disease and rejection in organ transplantation, by removing at least one cytokine selected from the group consisting of interleukin-1, interleukin-2, interleukin-6 and interleukin-8 from body fluid, wherein the distribution coefficient P is determined by dissolving the compound in octanol (or water), adding an equal volume of water (or octanol) thereto, shaking for 30 minutes, centrifuging for from 1 to 2 hours at 2000 rpm and measuring the concentrations of the compound in the octanol and water layers, and said carrier has at most 60 degrees contact angle with water."

Claims 1 and 2 of the first auxiliary request read as follows:

"1. Use of a material comprising a porous water-insoluble carrier and a compound, wherein said material is obtainable by covalently immobilizing said compound onto said carrier, and wherein said compound immobilized onto said carrier is at least one member selected from the group consisting of n-heptylamine, n-octylamine, decylamine, dodecylamine, hexadecylamine, octadecylamine, 2-aminooctene, naphthylamine, phenyl-n-propylamine, diphenylmethylamine, n-heptyl alcohol, n-octyl alcohol, dodecyl alcohol, hexadecyl alcohol, 1-octene-3-ol, naphthol, diphenylmethanol, 4-phenyl-2-butanol, glycidyl ethers derived from the foregoing alcohols, n-octanoic acid, nonanoic acid, 2-nonenoic acid, decanoic acid, dodecanoic acid, stearic acid, arachidonic acid, oleic acid, diphenylacetic acid, phenylpropionic acid, halides, esters and amides of the foregoing acids, octyl chloride, octyl bromide, decyl chloride, dodecyl bromide, octanethiol, dodecanethiol, n-octyltrichlorosilane, octadecyltrichlorosilane, n-octylaldehyde, n-caprinaldehyde and dodecylaldehyde, and wherein said carrier has at most 60 degrees of contact angle with water for the manufacture of an adsorbent for removing at least one cytokine selected from the group consisting of interleukin-1, interleukin-2, interleukin-6 and interleukin-8 and tumor necrosis factor from body fluid in an extracorporeal circulation treatment."

"2. Use according to claim 1 of a material for the manufacture of an adsorbent for the application to a body fluid in an extracorporeal circulation treatment of a patient suffering from a disease selected from rheumatoid arthritis, systemic inflammatory response syndrome, sepsis, systemic lupus erythematosus, Lyme disease, osteoporosis, Kawasaki disease, gouty arthritis, endometritis, premature labor, Castleman's disease, chronic disease with proliferation, contact dermatitis, idiopathic fibroid lung, adult respiratory distress syndrome, inflammatory bowel disease, immune angiitis, glomerular nephritis, urinary tract infection, cardiac infarction, asthma, respiratory tract infection, perinatal infectuous disease and rejection in organ transplantation."

Independent Claim 2 of the second auxiliary request reads as follows:

"2. Use of a material comprising a porous water-insoluble carrier and a compound, wherein said compound is covalently immobilized onto said carrier, said compound to be immobilized satisfies a value log P of at least 2.50, in which P is a distribution coefficient in an octanol - water system, and the total of hydrophobic fragmental constants f of fragments of said compound covalently immobilized onto said carrier is not less than 2.50, in which the hydrophobic fragmental constant f shows the hydrophobicity of various fragments which are determined by statistical management of many found values of log P, and wherein said compound immobilized onto said carrier is at least one member selected from the group consisting of n-heptylamine, n-octylamine, decylamine, dodecylamine, hexadecylamine, octadecylamine, 2-aminooctene, naphthylamine, phenyl-n-propylamine, diphenylmethylamine, n-heptyl alcohol, n-octyl alcohol, dodecyl alcohol, hexadecyl alcohol, 1-octene-3-ol, naphthol, diphenylmethanol, 4-phenyl-2-butanol, glycidyl ethers derived from the foregoing alcohols, n-octanoic acid, nonanoic acid, 2-nonenoic acid, decanoic acid, dodecanoic acid, stearic acid, arachidonic acid, oleic acid, diphenylacetic acid, phenylpropionic acid, halides, esters and amides of the foregoing acids, octyl chloride, octyl bromide, decyl chloride, dodecyl bromide, octanethiol, dodecanethiol, n-octyltrichlorosilane, octadecyltrichlorosilane, n-octylaldehyde, n-caprinaldehyde and dodecylaldehyde, for the manufacture of an adsorbent for the application to a body fluid of a patient suffering from a disease to remove from said body fluid at least one cytokine selected from the group consisting of interleukin-1, interleukin-2, interleukin-6 and interleukin-8 and tumor necrosis factor which are produced excessively in said body fluid, said disease being selected from rheumatoid arthritis, systemic inflammatory response syndrome, sepsis, systemic lupus erythematosus, Lyme disease, osteoporosis, Kawasaki disease, gouty arthritis, endometritis, premature labor, Castleman's disease, chronic disease with proliferation, contact dermatitis, idiopathic fibroid lung, adult respiratory distress syndrome, inflammatory bowel disease, immune angiitis, glomerular nephritis, urinary tract infection, cardiac infarction, asthma, respiratory tract infection, perinatal infectuous disease and rejection in organ transplantation, and said carrier has at most 60 degrees of contact angle with water."

Claims 1 and 2 of the third auxiliary request read as follows:

"1. Use of a material comprising a porous water-insoluble carrier and a compound, wherein said material is obtainable by covalently immobilizing said compound onto said carrier, and wherein said compound immobilized onto said carrier is at least one member selected from the group consisting of n-heptylamine, n-octylamine, decylamine, dodecylamine, hexadecylamine, octadecylamine, 2-aminooctene, naphthylamine, phenyl-n-propylamine, and diphenylmethylamine, and wherein said carrier has at most 60 degrees of contact angle with water, for the manufacture of an adsorbent for removing at least one cytokine selected from the group consisting of interleukin-1, interleukin-2, interleukin-6, interleukin-8 and tumor necrosis factor from body fluid in an extracorporeal circulation treatment."

"2. Use according to claim 1 of a material for the manufacture of an adsorbent for the application to a body fluid in an extracorporeal circulation treatment for removing at least one cytokine selected from the group consisting of interleukin-1, interleukin-2, interleukin-6 and interleukin-8 from a patient suffering from a disease selected from rheumatoid arthritis, systemic inflammatory response syndrome, sepsis, systemic lupus erythematosus, Lyme disease, osteoporosis, Kawasaki disease, gouty arthritis, endometritis, premature labor, Castleman's disease, chronic disease with proliferation, contact dermatitis, idiopathic fibroid lung, adult respiratory distress syndrome, inflammatory bowel disease, immune angiitis, glomerular nephritis, urinary tract infection, cardiac infarction, asthma, respiratory tract infection, perinatal infectuous disease and rejection in organ transplantation."

VI. Oral proceedings were held on 27 June 2006 during which the appellant filed an additional set of claims as fourth auxiliary request.

Claim 1 of said fourth auxiliary request differs from claim 1 of the main request in that

"medicament" is inserted after the first occurrence of the word "adsorbent"; and

"by extracorporeal adsorptive removal of" replaces the expression "by removing".

VII. The appellant's essential arguments may be summarized as follows:

The claims related to the use of a certain material for the manufacture of an adsorbent which is capable of removing from body fluid any of a list of cytokines with the intention of thereby treating any of a list of diseases. Consequently, the requests would contain claims drafted as second medical use claims. In the appellant's view this format should be available not only for classic medicaments, as envisaged in G 5/83, but also for the presently disclosed adsorbents. There existed several categories of therapeutic tools, some of which were not taken up by the body and consumed during their use, but nevertheless would act on a body fluid in a defined manner and thus treat a specific disease.

The presently defined adsorbent may be considered as a further type of medicament, which is neither swallowed nor taken up by the body but which nevertheless would change the composition of a body fluid and lead to the treatment of a specific disease.

The appellant admitted that there were differences between the adsorbent of the claimed invention and a classical medicament, the latter usually being swallowed, resorbed, modified and excreted. However, the adsorbent would also be provided with the aim of treating a disease of a patient, as defined in the claims. It was insignificant that the adsorbent would not be consumed during application. However, the material was changed because the interleukins and/or TNF bind to the adsorbent. The adsorbent could be likened to certain anion exchange materials which are swallowed, bind lipids, e.g. cholesterol, during their passage through the digestive apparatus and are excreted loaded with the lipid. While in theory it would be possible to regenerate the adsorbent, it would be highly improbable in reality to re-use a material which has already been in contact with a patient's body fluid. Therefore, for all practical purposes the adsorbent is consumed during its use. Following the definition in T 227/91 (Reasons, point 5.2), its use should be considered not to be a surgical one, but a therapeutic use. The appellant pointed out that although the adsorbent was not brought into the body, the final object of bringing the patient's body into contact with the adsorbent was the same.

In the appellant's view, the definition of a medicament should be that of a substance which is applied to a patient in order to treat a disease. The adsorbent of the claimed invention would satisfy this definition. The format of claims reserved for medicaments should therefore also be available for the presently claimed invention.

The appellant argued that, due to the different change in blood composition and the different diseases to be treated, the claims were distinguished over D1.

The appellant also put forward arguments in support of the inventive step of the claimed subject matter.

VIII. The appellant requested that the decision under appeal be set aside and a patent be granted on the basis of the set of claims of any of the main request or auxiliary requests 1 - 3, all filed with letter of 28 May 2006 or auxiliary request 4 filed during oral proceedings.

1. Prior art

Document D1: EP-A-0 247 592 describes the manufacture of an adsorbent from a porous inorganic or organic water - insoluble carrier and a compound immobilized onto it (see page 2, lines 43 - 46; page 3, lines 30 - 53; page 4, lines 9 - 30; page 5, lines 19 - 24; examples). In accordance with example 3, a preferred adsorbent consists of an n-octylamine immobilized porous cellulose hard gel (Cellulofine GC-700m by Chisso Corporation). This adsorbent is prepared in the same manner as the adsorbent of example 1 of the instant application. It is evident that the adsorbent disclosed in example 3 of D1 satisfies the conditions recited in the present claims having regard to the log P and f factors and the contact angle, since the same compound is immobilized on the same carrier, using the same preparation method.

For the treatment of a body fluid of a patient, e.g. whole blood or plasma, the adsorbent of D1 can be used in two ways: The adsorbent is placed in a bag and mixed with the patient's blood to remove the desired proteins, followed by removing the adsorbent by filtering. The blood treated in this way is then returned to the patient (page 5, lines 25 - 31). In another method, a column packed with the adsorbent is connected to an extracorporeal circulation circuit and a patient's body fluid, which may be either whole blood or plasma, is passed trough it (page 5, lines 32 - 35).

The prior art adsorbent is described as being suitable for adsorption of the proteins ß2 -micro-globulin and immunoglobulin L-chain (Bence - Jones protein) only, removal of which from a patient's body fluid should provide a treatment for the diseases primary amyloidosis, multiple myeloma, macroglobulinemia and malignant lymphoma (page 2, lines 22 - 39).

In contrast, the present application aims at removing the cytokines interleukin-1 (IL-1), IL-2, IL-6 and IL-8, and TNF (tumor necrosis factor), the former for the treatment of rheumatoid arthritis, systemic inflammatory response syndrome, sepsis, systemic lupus erythematosus, Lyme disease, osteoporosis, Kawasaki disease, gouty arthritis, endometritis, premature labor, Castleman's disease, chronic disease with proliferation, contact dermatitis, idiopathic fibroid lung, adult respiratory distress syndrome, inflammatory bowel disease, immune angiitis, glomerular nephritis, urinary tract infection, cardiac infarction, asthma, respiratory tract infection, perinatal infectuous disease and rejection in organ transplantation; the latter (TNF) for the treatment of rheumatoid arthritis, arteriosclerosis and dialytic complications including dialytic related amyloidosis.

2. Second medical use

2.1 Article 54(5) EPC stipulates that the provisions of Article 54(1) to (4) EPC shall not exclude the patentability of any substance or composition, comprised in the state of the art, for use in a method referred to in Article 52(4) EPC, provided that its use for any method referred to in that paragraph is not comprised in the state of the art. Thus, a purpose - limited product protection can be obtained for a "first medical indication" of a known substance or composition, without having to restrict the claims to the substance or composition when in a form technically adapted to a specified therapeutic purpose (see G 5/83, Reasons, point 15). However, as pointed out above, such a first medical indication of the adsorbent used in the present application is already known from D1.

The question therefore arises whether the different medical indications (the differences in the intended use of the adsorbent, characterized by the different proteins to be removed) can confer novelty to the present claims in which further medical indications are stated.

2.2 No European patent may be granted with claims directed to a method for the treatment of the human or animal body by therapy, since pursuant to Article 52(4) EPC such a method shall not be regarded as an invention which is susceptible of industrial application within the meaning of Article 52(1) EPC. Furthermore, no patent may be granted with claims directed to the use of a substance or composition for the treatment of the human or animal body by therapy, since it was held in G 5/83 (OJ EPO 1985, 64) (Headnote I; Order 1; Reasons, point 13) that a claim directed to the said use "is in no way different in essential content from a claim directed to a "method of treatment of the human or animal body by therapy with the substance of composition"".

2.3 However, G 5/83 (Headnote II; Order 2) also ruled that "a European patent may be granted with claims directed to the use of a substance or composition for the manufacture of a medicament for a specified new and inventive therapeutic application". These claims to a second (or further) medical application ("Swiss type" claims) were approved for the first time by decisions G 1/83, G 5/83 and G 6/83 (OJ EPO 1985, 60, 64, 67). The essential contents of the said decisions are similar and in the following, reference will be made with respect to G 5/83. In accordance with the principles elaborated in these decisions a specific claim format was allowed for a second (further) medical indication of a substance already known as a medicament; namely claims directed to the use of a substance or composition for the manufacture of a medicament for a specified new and inventive therapeutic application (G 5/83, Reasons, point 23 and Order 2).

2.4 In the case under consideration here, the appellant's main argument was that the claimed new therapeutic application of the adsorbent consisting in removing at least one cytokine selected from the group consisting of interleukin-1, interleukin-2, interleukin-6 and interleukin-8 and tumor necrosis factor from a patient's body fluid, thereby treating one of the diseases as recited in the claims, should be considered as the feature conferring novelty to the claims in the sense of G 5/83.

Consequently, appellants have attempted to draft claims in the format of "second (further) medical use" in all pending requests. In particular, claims 1 of the main request and the fourth auxiliary requests, claim 2 of the second auxiliary request, and claims 1 of the first and third auxiliary request in conjunction with the respective claims 2 of said first and third auxiliary requests, are drafted in that manner.

2.5 Having regard to the above mentioned decisions of the Enlarged Board of Appeal, the structure of such a "Swiss - type" claim contains the following essential elements:

(a) the use of a compound or composition;

(b) for the manufacture of a medicament;

(c) for a therapy.

2.6 While conditions a) and c) are doubtlessly satisfied in the claims under examination, the Board is not convinced that condition b) is met, and more specifically, that the claims indeed relate to the manufacture of a medicament, for the following reasons.

The Board accepts the appellant's argument that the adsorbent is changed during its use, the specific cytokine interacting therewith and being retained thereon. It is thus, for all practical purposes, consumed during the treatment of the body fluid and differs, in this respect, from a surgical tool. The appellant has referred to T 227/91 where it is said under Reasons, point 5.2, that medicaments are consumed during their use and hence useable only once, in contrast to a surgical use of an instrument which may be re-used for the same or even a different purpose. However, from the above statement it cannot be derived that every tool, substance or composition which is consumed during its therapeutic use is a medicament.

The appellant defined a medicament as a substance (or composition) which is applied to a patient in order to treat a disease.

The Board does not consider it necessary to enter into a fully - fledged discussion of possible definitions for the term "medicament". In the instant case, it turns out that the adsorbent used in accordance with the present application does not meet at least one essential characteristic of a medicament; the question of whether it would meet or not meet still other characteristics is therefore moot.

In the Board's view, an essential characteristic of a medicament is that it be administered to a patient's body in order to treat a disease. This means that the medicament is brought into contact with the body in order to deliver and apply a substance or composition in an effective form and dose for it to develop its therapeutic effects within the patient's body. It is evident that the porous adsorbent of the present application does not, and for that matter cannot, be administered or applied directly to the human body. In accordance with the description (page 16, lines 31 - 36), the adsorbent is used in a cartridge or column provided with a filter element preventing the adsorbent from effusing outside of the cartridge or column when the body fluid is passed through it, this cartridge being located outside the body in an extracorporeal circulation cycle. The preferred mode of application of the adsorbent is therefore similar to that of a membrane for blood dialysis. In fact, it is preferably combined with such an artificial dialysis cycle (description, page 17, second paragraph). In the Board's view, considering the way they are used, neither the adsorbent nor a dialysis membrane are administered to the body of a patient. It was not denied by the appellant that a dialysis membrane is not a "medicament" within the meaning of G 5/83. However, in the appellant's view, the adsorbent would resemble medicaments of a certain type, for instance active carbon (carbo medicinalis) is an example, which are taken orally in order to adsorb toxic species in their passage through the gastrointestinal ductus. The Board can accept that substances such as active charcoal can be used as medicaments, but sees an important distinction in its application to a patient, in comparison with the adsorbent here under consideration, since the active carbon is administered to the patient and develops its therapeutic effect within the patient's body, contrary to the present adsorbent.

It follows from the above that the adsorbent of the instant application is not a "medicament".

2.7 The Board has examined the question of whether G 5/83 leaves room for a broad interpretation which could encompass the adsorbent used in the present application. However, the text of G 5/83 itself does not warrant such an interpretation. Reference may be made to the Reasons, point 19; point 21, third and fifth sentences point 23; and the Order, point 2, all of which clearly refer to a "medicament" only.

It is stated in G 5/83 that "the application of this special approach to the derivation of novelty can only be applied to claims to the use of substances or compositions intended for use in a method referred to in Article 52(4) EPC". However, from the immediately preceding sentence, referring on two occasions to medicaments, it becomes evident again that this "special approach to the derivation of novelty" can be applied only to substances and compositions which are medicaments (Reasons, point 21).

2.8 Claim 1 of the fourth auxiliary request differs from claim 1 of the main request in that the word "adsorbent" (first occurrence) is replaced by the expression "adsorbent medicament". The Board does not consider this to be a change in substance, because the adsorbent does not become a medicament simply by calling it so. The Board observes that the appellant has not put forward arguments that the "adsorbent medicament" as defined in the claims would be used in a manner different from an "adsorbent". The qualifier "medicament" does not in any way limit or modify the scope of the claim. It is significant that the term "medicament" is not used at all in the present application for characterising the adsorbent.

3. It follows from point 2 above that in claims 1 of the main request and of the fourth auxiliary request, in claim 2 of the second auxiliary request, and in claims 1 of the first and third auxiliary request taken in conjunction with the respective claims 2 of said first and third auxiliary requests, the feature relating to the intended use of the adsorbent is not a purpose - limiting feature within the meaning of G 5/83 which might render the claimed subject matter novel over D1, the adsorbent not being a medicament.

The remaining features of the said claims relate to the use of the same carrier and the same immobilized compound as in D1 for the manufacture of an adsorbent which is prepared in the same manner as that of D1 and hence is identical to the one of this document (see point 1 above). The subject matter of said claims therefore lacks novelty having regard to document D1 (Article 54 EPC).

Since there is no allowable request on file, the application must be refused.

Order

ORDER

For these reasons it is decided that:

The appeal is dismissed.

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