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
    EPO TIR study-PV-web-720 x 237

    Technology insight report on advances in photovoltaics

  • 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
      • 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
      • The 2025 event
    • 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
      • 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
          • Core activities
          • Stories and insights
  • 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 2024
          • Go back
          • Overview
          • Executive summary
          • Driver 1 – People
          • Driver 2 – Technologies
          • Driver 3 – High-quality, timely products and services
          • Driver 4 – Partnerships
          • Driver 5 – Financial Sustainability
        • 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 0427/02 (Audience surveying system/WEINBLATT) 26-01-2005
Facebook X Linkedin Email

T 0427/02 (Audience surveying system/WEINBLATT) 26-01-2005

European Case Law Identifier
ECLI:EP:BA:2005:T042702.20050126
Date of decision
26 January 2005
Case number
T 0427/02
Petition for review of
-
Application number
94309919.2
IPC class
H04H 9/00
Language of proceedings
EN
Distribution
NO DISTRIBUTION (D)

Download and more information:

Decision in EN 75.87 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 for surveying a radio or a television audience

Applicant name
Weinblatt, Lee S.
Opponent name
The Arbitron Company
Board
3.5.03
Headnote
-
Relevant legal provisions
European Patent Convention Art 54 1973
European Patent Convention Art 111(1) 1973
European Patent Convention Art 114(2) 1973
European Patent Convention Art 123 1973
Keywords

Novelty (yes)

Amendments - added subject-matter (no)

Extension of protection (no)

Late filed documents

Catchword
-
Cited decisions
G 0009/91
Citing decisions
-

I. This appeal is against the decision of the opposition division revoking European patent No. 0 674 405.

II. The opposition was filed against the patent as a whole and on the grounds pursuant to Article 100(a) to (c) EPC. The opponent referred, inter alia, to the following documents:

D2: WO 94/11989 A1; and

D4: US 4 718 106 A.

III. The opposition division revoked the patent for the reason that the subject-matter of independent claims 1 and 10 of each of the four requests admitted to the proceedings lacked novelty vis-à-vis D2. This document was referred to in the decision as "prior art according to Article 54(3) EPC". The decision was silent on the allowability of the subject-matter of independent claim 14 of each of the four requests.

IV. The proprietor (appellant) lodged an appeal against the decision and requested that the decision be set aside and the patent be maintained in amended form.

V. In response, the opponent (respondent) requested that the appeal be dismissed. In support of his arguments, the respondent filed the following document:

D5: US 4 695 879 A.

VI. Both parties conditionally requested oral proceedings. In a communication accompanying the summons to attend oral proceedings, the board gave a preliminary opinion.

VII. In reply to the communication, the respondent additionally filed the following documents in support of his arguments:

D6: EP 0 598 682 A1;

D6': CA 2 136 054 A1;

D7: a document consisting of five pages allegedly forming extracts of a Seiko Datagraph User Manual;

D8: a document entitled "Archer® Technical Data, An Exclusive Radio Shack Service to the Experimenter, TDA7000 A Complete F.M. Radio on a Chip", Cat. No. 276-1304, six pages, Tandy Corporation, 1987;

D9: US 4 955 070 A;

D10: US 3 492 577 A; and

D11: US 2 573 279 A.

VIII. Oral proceedings were held on 26 January 2005 during which the appellant withdrew all existing requests and filed a single set of claims including two independent claims 1 and 9. The appellant further filed a drawing in support of his arguments and requested that the patent be maintained on the basis of the set of claims now on file. The respondent maintained his request that the appeal be dismissed. At the end of the oral proceedings the board's decision was announced.

IX. Independent claim 1 as filed during the oral proceedings reads as follows:

"1. A system for surveying an audience to determine whether a person is tuned to a given signal source (1), such as a radio station or television channel, arranged to transmit a combined signal that combines both a programming signal and a survey signal characteristic of said signal source (1), the system including:

combining means (7) for combining the programming signal and the survey signal, said programming signal and said survey signal being in a frequency range to be audibly reproduced by a speaker (16) in a receiver apparatus (11,12,16) but the survey signal being such that it cannot be heard by a human being at an appreciable distance from the speaker,

first transmitting means (9) for transmitting the program signal and the survey signal as the combined signal, and

a receiver apparatus comprising:

receiving means (11,12,16) for receiving the combined signal and including a speaker (16) for reproducing therefrom the programming signal and the survey signal as acoustic signals, with the survey acoustic signal being such that it cannot be heard by a human being at an appreciable distance from the speaker (16);

conversion means (18,20,22) located in close proximity to said speaker, said conversion means being for detecting said acoustic survey signal produced by said speaker (16) and converting said acoustic survey signal to a non-acoustic converted signal;

second transmitting means (24), located in close proximity to said speaker (16), for transmitting said converted survey signal as a non-acoustic radiated signal; and

signal detector means (28) movable with respect to said non-acoustic radiated signal transmitting means (24), and adapted to be worn, or accommodated in an article of clothing worn, by a person listening to the programming signal acoustically reproduced by said speaker, said second transmitting means (24) and said detector means (28) being such that said signal detector means (28) is effective to detect said non- acoustic radiated signal as being indicative of said signal source, at a distance from said non-acoustic radiated signal transmitting means (24) which is substantially greater than said appreciable distance in order to be suitable for normal listening to said programming signal."

1. Amendments - Article 123(2) EPC

1.1 Claim 1 corresponds to claim 1 as filed, to which, apart from the insertion of reference signs and amendments of editorial nature only, the following amendments have been made (hereinafter, unless stated otherwise, reference is made to the application as published; underlining added by the board):

(a) the expression "Apparatus" has been replaced by "A system", which in the context does not affect the scope of the claim;

(b) the transmission means have been redefined as "combining means" and "first transmitting means", cf. Fig. 1;

(c) it is specified that the speaker is for reproducing the programming signal, cf. col. 8, lines 16 to 19;

(d) it is specified that the survey signal cannot be heard by a human being at an appreciable distance from the speaker, cf. col. 8, lines 44 to 46;

(e) the conversion means and second transmitting means are said to be located in close proximity to the speaker, cf. col. 8, lines 23 to 26 and Fig. 1;

(f) it is specified that the second transmitting means is for transmitting the non-acoustic converted signal as a non-acoustic radiated signal, cf. col. 9, lines 8 to 10 ("non-acoustic") and col. 13, lines 16 to 21 ("radiating");

(g) the signal detector means is said to be movable with respect to the second transmitting means and adapted to be worn, or accommodated in an article of clothing worn, by a person listening to the programming signal, cf. col. 10, lines 15 to 20, 28. to 30 and 45 to 48; and

(h) the signal detector means is effective to detect the non-acoustic radiated signal at a distance from the second transmitting means which is substantially greater than the appreciable distance in order to be suitable for normal listening to said programming signal.

The term "appreciable distance", used in features d and h above, was used in claim 1 as granted but is prima facie unclear. In the light of the description and drawings of the patent, see col. 7, lines 20 to 22, it appears that approximately 30 centimetres ("one foot") is meant. A test person, who is wearing the portable signal detector unit 26 and is listening to the programming signal reproduced by the speaker in a room, would normally be at a distance from the speaker, and thus the transmitter 24, which is substantially greater than 30 centimetres (see col. 10, lines 49 to 52, col. 11, lines 2 to 5, col. 12, lines 21 to 27 and col. 3, lines 21 to 31).

1.2 The respondent argued that in claim 1 the signal detector means must be defined as including a code detector and a memory, since the use of reference sign "28" instead of "26" for the signal detector means permitted an interpretation according to which the signal detector means included only the code detector 28 of the portable signal detector unit 26 (see Fig. 1). Present claim 1 therefore violated Article 123(2) EPC.

The board does not accept this argument and considers that the term "signal detector means" is based on claim 1 as filed, see col. 14, lines 36 to 37, "means for detecting said ... signal". Further, the board notes that reference signs merely serve the purpose of increasing the intelligibility of a claim and are not to be construed as limiting the claim (Rule 29(7) EPC).

1.3 The remaining objections under Article 123(2) EPC raised by the respondent either do not apply to present claim 1 since it does not include the wording in question or have been satisfactorily dealt with by amendment. The same applies to issues under Article 123(2) EPC mentioned in the board's communication.

1.4 The board is thus satisfied that claim 1 does not contain subject-matter which extends beyond the content of the application as filed (Article 123(2) EPC).

2. Amendments - Article 123(3) EPC

2.1 Claim 1 is based on a combination of independent claim 1 and dependent claim 8 as granted, to which a number of features have been added, which further limit the protection conferred by claim 1 as granted. Further, the terms "receiver unit" and "said transmitted converted signal" have been replaced by "receiver apparatus" and "said non-acoustic radiated signal", respectively. These terms do not give rise to an extension of the protection conferred either; claim 1 as granted already made it clear that the term "receiver unit" must be interpreted broadly as synonymous with "receiver apparatus", since the receiver unit was defined as including a plurality of functionally independent, different means, namely a receiving means, a conversion means, a means for transmitting the converted signal, and a signal detector means. Further, the second term refers back to the converted survey signal in "means ... for transmitting said converted survey signal as a non- acoustic radiated signal", a non-acoustic radiated signal being considered as a specific example of a transmitted signal.

2.2 The board is thus satisfied that claim 1 as granted has not been amended in such a way as to extend the protection conferred (Article 123(3) EPC).

3. Amendments - Article 84 EPC (clarity)

3.1 At the oral proceedings the respondent argued that claim 1 contravened Article 84 EPC in that the statement that the said signal detector means (28) was positioned such that it was "effective to detect said non-acoustic radiated signal ... at a distance from said non-acoustic radiated signal transmitting means (24) which is substantially greater than said appreciable distance in order to be suitable for normal listening to said programming signal" was of indeterminate meaning.

3.2 The board notes however that the distance in question is not only defined relative to the range of the acoustic survey signal, i.e. the "appreciable distance" (see point 1.1 h)), but is "suitable for normal listening to said programming signal". In this context, it is clear that, in use, the distance between a listener, when wearing the signal detector means, and the speaker will be substantially greater than the "appreciable distance". The board sees no necessity to have this distance further specified and therefore concludes that the definition is adequately clear and the claim does not give rise to objection under Article 84 EPC.

4. Admissibility of documents D5, D6, D6' and D7 to D11

4.1 The respondent filed documents D5 and D9 in support of the allegation that the claimed subject-matter lacked an inventive step. Since this allegation will not be examined in the present appeal proceedings (see point 6 below), the question of admissibility does not arise in respect of these documents.

4.2 D6, D6', D7, D8, D10 and D11 were filed for the first time with the reply to the communication accompanying the summons to attend oral proceedings before the board. The respondent referred to D8, D10 and D11 only in connection with a novelty objection based on D2 and, more specifically, in support of an allegation that miniaturized FM receivers had at the priority date been known for some time and that the use of inaudible survey signals was long established in the field. D2 however does not refer to these documents. Lack of novelty was also argued on the basis of D4 in connection with D7. However, D7 is not dated and no evidence as to its publication date was provided by the respondent. D6, however, appeared prima facie highly relevant to the issue of the novelty of the subject- matter of claim 1 then on file; D6' on the other hand has a publication date of 18 May 1996 and therefore does not prima facie constitute prior art within the meaning of Article 54(2) EPC.

4.3 In view of the above, the board exercised its discretion under Article 114(2) EPC to admit D6 into the appeal proceedings, but not D6', D7, D8, D10 and D11.

5. Novelty - Article 54 EPC

5.1 The respondent argued that the subject-matter of claim 1 lacked novelty vis-à-vis D2, D4 or D6.

5.2 Document D2

5.2.1 D2 was published on 26 May 1994. It is not part of the state of the art pursuant to Article 54(2) EPC, since claim 1 is entitled to the claimed priority date of 21. March 1994 (cf. Article 89 EPC). However, D2, which corresponds to EP 0 688 487 A, constitutes state of the art pursuant to Article 54(3) and (4) EPC for all contracting states designated in the patent in suit, since the conditions pursuant to Article 158(2) EPC are fulfilled in respect of these contracting states.

5.2.2 D2 describes a system for monitoring audience exposure to broadcast program segments, such as commercials, from a signal source. The system includes a combining means 100 (see Fig. 1) for combining a program signal and a source identification signal, the combined signal being subsequently transmitted, implying transmitting means (page 9, line 32 to page 10, line 5, page 11, line 31 and page 13, lines 28 to 34). The system further includes a broadcast receiver 210 (Fig. 2A) with a speaker 220 for reproducing the program and source identification signals as acoustic signals, and a personal monitor, of which the embodiments according to Figs. 2A and 2B were specifically referred to by the respondent.

5.2.3 According to the embodiment of Fig. 2A, the personal monitor 200 includes a combination 235A, including a microphone 230 and an amplifier 240, and a correlator 270. The personal monitor is adapted to be worn, or accommodated in an article of clothing worn, by a person listening to the program signal acoustically reproduced by the speaker (page 14, lines 15 to 24). The microphone 230 is for detecting the acoustic source identification signal produced by the speaker 220 and for converting it to an electrical signal, which may be wirelessly transmitted to the amplifier 240 (page 14, line 36 to page 15, line 6). The wireless transmission implies the presence of a second transmitting means connected to the microphone and a corresponding receiving means connected to the amplifier 240. The correlator 270 is for detecting the amplified signal as being indicative of the signal source (page 17, lines 15. to 21).

Thus, one difference between the embodiment according to Fig. 2A of D2 and the subject-matter of claim 1 is that in accordance with the claim the signal detector means, corresponding to the personal monitor 200 of D2, is movable with respect to the second transmitting means.

5.2.4 In the alternative arrangement according to Fig. 2B, the transmitter 231 of the first unit 241 corresponds to the second transmitting means as defined in claim 1 and the second unit 242 corresponds to the signal detector means. Since the converted survey signal is transmitted and received by means of antennas 232 and 233, it is implicit that it is a non-acoustic radiated signal. The first unit 241 is intended to be worn by an audience member, e.g. a child, whereas the second unit 242 is contained within an enclosure containing the remainder of monitor 200 (page 15, lines 12 to 20). The monitor may be physically delivered to a centralized facility, implying that it is portable (page 18, lines 2. to 4). The detection range of the signal detector means must be such as to cover at least the distance between the first unit 241 and the second unit 242 in order to detect the signal radiated by the first unit. D2 does not specify this distance relative to a distance from the speaker at which the audience member cannot hear the acoustic source identification signal as reproduced by the speaker.

Hence, the subject-matter of claim 1 differs from the embodiment according to Fig. 2B at least in that the claim requires that the portable signal detector means is adapted to be worn, or accommodated in an article of clothing worn, by a person listening to the programming signal acoustically reproduced by the speaker, and in that the second transmitting means and the detector means are such that the signal detector means is effective to detect the non-acoustic radiated signal at a distance from the non-acoustic radiated signal transmitting means, which is substantially greater than the appreciable distance in order to be suitable for normal listening to said programming signal.

5.2.5 The respondent argued that the personal monitor of Fig. 2B, which includes an antenna 233 and a receiver 234, need not be bigger than the personal monitor 200 of Fig. 2A, which, instead of the antenna and receiver, includes microphone 230 and amplifier 240. Since the monitor 200 of Fig. 2A was explicitly described as adapted to be worn by an audience member and the monitor of Fig. 2B was otherwise functionally the same as the one of Fig. 2A, it was clear that the personal monitor of Fig. 2B was also be adapted to be worn.

The board does not accept this argument. The suggested implementation of the monitor of Fig. 2B is neither explicitly nor implicitly described in D2. Whether or not the implementation would be obvious to the skilled reader, rather than implied by the content of D2, is not relevant here, since D2 is a document within the meaning of Article 54(3) EPC (see point 5.2.1) and, hence, may not be considered in relation to the question of inventive step (Article 56 EPC).

5.2.6 Since none of the other parts of D2 appears relevant to the question of novelty, the board concludes that the subject-matter of claim 1 is new over the content of D2.

5.3 Documents D6 and D4

5.3.1 D6 is state of the art pursuant to Article 54(3) and (4) EPC for all contracting states designated in the patent in suit. The audience survey device described in D6 is based on recording program samples ("hearing samples") by means of a monitor which may be worn by a test person (page 2, lines 28 to 30 and 35 to 36). At a later stage, these recorded program samples are transmitted, either via a modem or by mail, to a remote centre which correlates the samples with simultaneously recorded samples of one or more programs in order to evaluate the listening behaviour of the test person (page 3, lines 26 to 33). Whereas D6 appeared prima facie highly relevant to the question of novelty in respect of a previous version of claim 1, the subject- matter of present claim 1 is thus particularly distinguished from the device described in D6 in that the claimed system provides for a survey signal which is to be combined with the programming signal and to be detected at the receiver site. At the oral proceedings the respondent did not argue lack of novelty on the basis of D6.

5.3.2 D4 does not disclose second transmitting means for transmitting the converted survey signal as a non- acoustic radiated signal; the electrical signals from microphone 7 are directly input to the detection circuit 11 (see the drawing and col. 3, lines 24 to 27). When the detection circuit 11 detects the survey signal, it produces a store signal, i.e. information on time of day or incidence of the survey signal, which is stored in a memory 13 (col. 3, line 55 to col. 4, line5). This information, i.e. not a signal corresponding to the survey signal itself, may subsequently be dumped into another suitable memory (col. 4, lines 24 to 29). At the oral proceedings the respondent did not argue lack of novelty on the basis of D4.

5.3.3 For the above reasons, the subject-matter of claim 1 is new having regard to the content of D2 and D6 and the disclosure of D4. The board sees no reason to question the novelty of claim 1 having regard to any of the other documents on file. Further, the board notes that each of the claims 2 to 8 define only additional features in combination with the system according to claim 1.

5.3.4 The board thus concludes that the subject-matter of claims 1 to 8 is new having regard to the available documents (Articles 52(1) and 54 EPC).

5.4 In view of the above, since the patent was revoked by the opposition division for lack of novelty of the subject-matter of claim 1 and of claim 10, i.e. a method claim corresponding to claim 1, which has been deleted by the appellant, the decision is to be set aside.

6. Remittal to the first instance - Article 111(1) EPC

6.1 Present independent claim 9 substantially corresponds to claim 14 as granted. Each of the sets of claims on which the impugned decision was based also included an independent claim 14 corresponding to claim 14 as granted. However, neither the impugned decision nor any of the communications sent by the opposition division contains a statement as to whether or not the subject- matter of this claim is new, even though the opponent invoked the corresponding ground for opposition pursuant to Article 100(a) EPC against claim 14 as granted and argued that its subject-matter was not new. The other opposition grounds, i.e. pursuant to Article 100(c) EPC against claim 14 and based on lack of inventive step against inter alia claim 1 have also not been dealt with by the opposition division in their communications and/or decision.

6.2 In order not to deprive the parties of an examination by two instances, the board thus considers it appropriate to remit the case to the first instance for further prosecution pursuant to Article 111(1) EPC.

6.3 The board notes that the opposition division did not admit the opponent's arguments relating to Article 123(2) EPC (see the decision, point 2 of the reasons, and the minutes of the oral proceedings, point 4.2). The board considers it appropriate to emphasize that, without prejudice to Article 111(2) EPC, in accordance with Article 102(3) EPC concerning the maintenance of a patent in amended form, in case of amendments made by the proprietor during the opposition proceedings, such amendments are to be fully examined as to their compatibility with the requirements of the EPC, e.g. Article 123 EPC (see also G 9/91, point 19 of the reasons, OJ EPO 1993, 408).

Order

ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the first instance for further prosecution.

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