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

    Patent knowledge

    Access our patent databases and search tools.

    Go to overview 

    • Overview
    • Technical information
      • Overview
      • Espacenet - patent search
      • European Publication Server
      • Searching Asian documents: patent search and monitoring services
      • EP full-text search
      • Bibliographic coverage in Espacenet and OPS
      • Full-text coverage in Espacenet and OPS
    • Legal information
      • Overview
      • European Patent Register
      • European Patent Bulletin
      • European Case Law Identifier sitemap
      • Searching Asian documents
      • Third-party observations
    • Business information
      • Overview
      • PATSTAT
      • IPscore
      • Patent insight reports
    • Data
      • Overview
      • Linked open EP data
      • Bulk data sets
      • Web services
      • Coverage, codes and statistics
    • Helpful resources
      • Overview
      • First time here?
      • Asian patent information
      • Patent information centres
      • Patent Translate
      • Patent Knowledge News
      • Business and statistics
      • Unitary Patent information in patent knowledge

    UP search

    Learn about the Unitary Patent in patent knowledge products and services

  • Applying for a patent

    Applying for a patent

    Practical information on filing and grant procedures.

    Go to overview 

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

    UP

    Unitary Patent

  • Law & practice

    Law & practice

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

    Go to overview 

    • Overview
    • Legal texts
      • Overview
      • European Patent Convention
      • Official Journal
      • EPC Guidelines
      • PCT-EPO Guidelines
      • Guidelines revision cycle
      • Extension / validation system
      • London Agreement
      • National law relating to the EPC
      • Unitary patent system
      • National law relating to the UP
    • Court practices
      • Overview
      • European Patent Judges' Symposium
    • User consultations
      • Overview
      • Ongoing consultations
      • Completed consultations
    • Substantive patent law harmonisation
      • Overview
      • The Tegernsee process
      • Group B+
    • Convergence of practice
    • Options for professional representatives

    legal text

    Legal texts

  • News & events

    News & events

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

    Go to overview 

     

    • Overview
    • News
    • Events
    • European Inventor Award
      • Overview
      • About the award
      • Categories and prizes
      • Meet the finalists
      • Nominations
      • Watch the 2022 ceremony
    • Press centre
      • Overview
      • Patent Index and statistics
      • Search in press centre
      • Background information
      • Copyright
      • Press contacts
      • Call back form
      • Email alert service
    • Innovation and patenting in focus
      • Overview
      • Firefighting technologies
      • Green tech in focus
      • CodeFest on Green Plastics
      • Clean energy technologies
      • IP and youth
      • Research institutes
      • Women inventors
      • Fighting coronavirus
      • Lifestyle
      • Space and satellites
      • The future of medicine
      • Materials science
      • Mobile communications
      • Biotechnology
      • Patent classification
      • Digital technologies
      • The future of manufacturing
      • Books by EPO experts
    • "Talk innovation" podcast

    Podcast

    Listen to our podcast

  • Learning

    Learning

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

    Go to overview 

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

    European Patent Academy

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

  • About us

    About us

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

    Go to overview 

    • Overview
    • The EPO at a glance
    • 50 years of the EPC
      • Overview
      • A glimpse of the planned activities
      • Kids’ collaborative art competition
      • 50 Leading Tech Voices
    • Legal foundations and member states
      • Overview
      • Legal foundations
      • Member states of the European Patent Organisation
      • Extension states
      • Validation states
    • Governance
      • Overview
      • Communiqués
      • Calendar
      • Select Committee documents
      • Administrative Council
    • Principles & strategy
      • Overview
      • Our mission, vision, values and corporate policy
      • Public consultation on the EPO's Strategic Plan 2028
      • Towards a New Normal
    • Leadership & management
      • Overview
      • President António Campinos
      • Management Advisory Committee
    • Social responsibility
      • Overview
      • Environment and sustainability
      • Art collection
    • Services & activities
      • Overview
      • Our services & structure
      • Quality
      • Consulting our users
      • European and international co-operation
      • European Patent Academy
      • Chief Economist
      • Ombuds Office
      • Reporting wrongdoing
    • Procurement
      • Overview
      • Procurement forecast
      • Doing business with the EPO
      • Procurement procedures
      • About eTendering and electronic signatures
      • Procurement portal
      • Invoicing
      • General conditions
      • Archived tenders
    • Transparency portal
      • Overview
      • General
      • Human
      • Environmental
      • Organisational
      • Social and relational
      • Economic
      • Governance
    • Statistics and trends
      • Overview
      • Statistics & Trends Centre
      • EPO Data Hub
      • Clarification on data sources
    • History
      • Overview
      • 1970s
      • 1980s
      • 1990s
      • 2000s
      • 2010s
      • 2020s

    about us

    Patent Index 2022

 
en de fr
  • Language selection
  • English
  • Deutsch
  • Français
Main navigation
  • Homepage
  • New to patents
    • Go back
    • Overview
    • What's your big idea?
    • Are you ready?
    • What to expect
    • How to apply for a patent
    • Your business and patents
    • Is it patentable?
    • Are you first?
    • Why do we have patents?
    • Patent quiz
    • Unitary patent video
  • Searching for patents
    • Go back
    • Overview
    • Technical information
      • Go back
      • Overview
      • Espacenet - patent search
        • Go back
        • Overview
        • National patent office databases
        • Global Patent Index (GPI)
        • Release notes
      • European Publication Server
        • Go back
        • Overview
        • Cross-reference index for Euro-PCT applications
        • EP authority file
        • Help
      • Searching Asian documents
      • EP full-text search
      • Bibliographic coverage in Espacenet and OPS
      • Full-text coverage in Espacenet
    • Legal information
      • Go back
      • Overview
      • European Patent Register
        • Go back
        • Overview
        • Release notes archive
        • Register documentation
          • Go back
          • Overview
          • Deep link data coverage
          • Federated Register
            • Go back
            • Overview
            • BG - Federated Register Service
            • GB - Federated Register Service
            • NL - Federated Register Service
            • MK - Federated Register Service
            • ES - Federated Register Service
            • GR - Federated Register Service
            • SK - Federated Register Service
            • FR - Federated Register Service
            • MT - Federated Register Service
          • Register events
      • European Patent Bulletin
        • Go back
        • Overview
        • Download Bulletin
        • EP Bulletin search
        • Help
      • European Case Law Identifier sitemap
      • Searching Asian documents
      • Third-party observations
    • Business information
      • Go back
      • Overview
      • PATSTAT
      • IPscore
        • Go back
        • Release notes
      • Patent insight reports
    • Data
      • Go back
      • Overview
      • Linked open EP data
      • Bulk data sets
        • Go back
        • Overview
        • Manuals
        • Sequence listings
        • National full-text data
        • European Patent Register data
        • EPO worldwide bibliographic data (DOCDB)
        • EP full-text data
        • EPO worldwide legal event data (INPADOC)
        • EP bibliographic data (EBD)
          • Go back
          • EBD files (weekly download) - free of charge
            • Go back
            • Secure EBD ST.36 files (weekly download) - for national patent offices only
        • Boards of Appeal decisions
        • EP full-text data for text analytics
      • Web services
        • Go back
        • Overview
        • Open Patent Services (OPS)
        • European Publication Server
      • Coverage, codes and statistics
        • Go back
        • Weekly updates
        • Updated regularly
    • Helpful resources
      • Go back
      • Overview
      • First time here? Patent information explained.
        • Go back
        • Overview
        • Basic definitions
        • Patent classification
          • Go back
          • Overview
          • Cooperative Patent Classification (CPC)
        • Patent families
          • Go back
          • Overview
          • DOCDB simple patent family
          • INPADOC extended patent family
        • Legal event data
          • Go back
          • Overview
          • INPADOC classification scheme
      • Asian patent information
        • Go back
        • Overview
        • China (CN)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Chinese Taipei (TW)
          • Go back
          • Overview
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • India (IN)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
        • Japan (JP)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Korea (KR)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Russian Federation (RU)
          • Go back
          • Overview
          • Facts and figures
          • Numbering system
          • Searching in databases
        • Useful links
      • Patent information centres (PATLIB)
      • Patent Translate
      • Patent Knowledge News
      • Business and statistics
      • Unitary Patent information in patent knowledge
  • Applying for a patent
    • Go back
    • Overview
    • European route
      • Go back
      • Overview
      • European Patent Guide
      • Oppositions
      • Oral proceedings
        • Go back
        • Oral proceedings calendar
          • Go back
          • Calendar
          • Public access to appeal proceedings
          • Public access to opposition proceedings
          • Technical guidelines
      • Appeals
      • Unitary Patent & Unified Patent Court
        • Go back
        • Overview
        • Unitary Patent
          • Go back
          • Overview
          • Legal framework
          • Unitary Patent Guide
          • Main features
          • Applying for a Unitary Patent
          • Cost of a Unitary Patent
          • Translation and compensation
          • Start date
        • Unified Patent Court
      • National validation
      • Extension/validation request
    • International route
      • Go back
      • Overview
      • Euro-PCT Guide
      • Entry into the European phase
      • Decisions and notices
      • PCT provisions and resources
      • Extension/validation request
      • Reinforced partnership programme
      • Accelerating your PCT application
      • Patent Prosecution Highway (PPH)
        • Go back
        • Patent Prosecution Highway (PPH) programme outline
      • Training and events
    • National route
    • MyEPO services
      • Go back
      • Overview
      • Understand our services
        • Go back
        • Overview
        • Online Filing 2.0 pilot
        • MyEPO Portfolio - pilot phase
        • Online Filing 2.0 pilot continuation
        • Exchange data with us using an API
      • Get access
        • Go back
        • Overview
        • Installation and activation
      • File with us
        • Go back
        • Overview
        • What if our online filing services are down?
        • Release notes
      • Interact on your files
      • Online Filing & fee payment outages
      • Tutorials
    • Fees
      • Go back
      • Overview
      • European fees (EPC)
        • Go back
        • Overview
        • Decisions and notices
      • International fees (PCT)
        • Go back
        • Reduction in fees
        • Fees for international applications
        • Decisions and notices
        • Overview
      • Unitary Patent fees (UP)
        • Go back
        • Overview
        • Decisions and notices
      • Fee payment and refunds
        • Go back
        • Overview
        • Payment methods
        • Getting started
        • FAQs and other documentation
        • Technical information for batch payments
        • Decisions and notices
        • Release notes
      • Warning
    • Forms
      • Go back
      • Request for examination
    • 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
      • EPC Guidelines
        • Go back
        • Overview
        • Archive
      • PCT-EPO Guidelines
        • Go back
        • Overview
        • Archive
      • Guidelines revision cycle
      • Extension / validation system
      • London Agreement
      • National law relating to the EPC
        • Go back
        • Overview
        • Archive
      • Unitary Patent system
      • National measures relating to the Unitary Patent 
    • Court practices
      • Go back
      • Overview
      • European Patent Judges' Symposium
    • User consultations
      • Go back
      • Overview
      • Ongoing consultations
      • Completed consultations
    • Substantive patent law harmonisation
      • Go back
      • Overview
      • The Tegernsee process
      • Group B+
    • Convergence of practice
    • Options for professional representatives
  • News & events
    • Go back
    • Overview
    • News
    • Events
    • European Inventor Award
      • Go back
      • Overview
      • About the award
      • Categories and prizes
      • Meet the finalists
      • Nominations
      • Watch the 2023 ceremony
      • European Inventor Network
        • Go back
        • Activities granted in 2023
    • Press centre
      • Go back
      • Overview
      • Patent Index and statistics
      • Search in press centre
      • Background information
        • Go back
        • Overview
        • European Patent Office
        • Q&A on patents related to coronavirus
        • Q&A on plant patents
      • Copyright
      • Press contacts
      • Call back form
      • Email alert service
    • In focus
      • Go back
      • Overview
      • Firefighting technologies
        • Go back
        • Overview
        • Detection and prevention of fires
        • Fire extinguishing
        • Protective equipment
        • Post-fire restoration
      • Green tech in focus
        • Go back
        • Overview
        • About green tech
        • Renewable energies
        • Energy transition technologies
        • Building a greener future
      • CodeFest on Green Plastics
      • Clean energy technologies
        • Go back
        • Overview
        • Renewable energy
        • Carbon-intensive industries
        • Energy storage and other enabling technologies
      • IP and youth
      • Research institutes
      • Women inventors
      • Fighting coronavirus
        • Go back
        • Overview
        • Vaccines and therapeutics
          • Go back
          • Overview
          • Vaccines
          • Overview of candidate therapies for COVID-19
          • Candidate antiviral and symptomatic therapeutics
          • Nucleic acids and antibodies to fight coronavirus
        • Diagnostics and analytics
          • Go back
          • Overview
          • Protein and nucleic acid assays
          • Analytical protocols
        • Informatics
          • Go back
          • Overview
          • Bioinformatics
          • Healthcare informatics
        • Technologies for the new normal
          • Go back
          • Overview
          • Devices, materials and equipment
          • Procedures, actions and activities
          • Digital technologies
        • Inventors against coronavirus
      • Lifestyle
      • Space and satellites
        • Go back
        • Overview
        • Patents and space technologies
      • Healthcare
        • Go back
        • Overview
        • Medical technologies and cancer
        • Personalised medicine
      • Materials science
        • Go back
        • Overview
        • Nanotechnology
      • Mobile communications
      • Biotechnology
        • Go back
        • Overview
        • Red, white or green
        • The role of the EPO
        • What is patentable?
        • Biotech inventors
      • Classification
        • Go back
        • Overview
        • Nanotechnology
        • Climate change mitigation technologies
          • Go back
          • Overview
          • External partners
          • Updates on Y02 and Y04S
      • Digital technologies
        • Go back
        • Overview
        • About ICT
        • Hardware and software
        • Patents and standards
        • Artificial intelligence
        • Fourth Industrial Revolution
      • Additive manufacturing
        • Go back
        • Overview
        • About AM
        • AM innovation
      • Books by EPO experts
    • Podcast
  • Learning
    • Go back
    • Overview
    • European Patent Academy
      • Go back
      • Overview
      • Learning activities
      • Learning Paths
    • Professional hub
      • Go back
      • Overview
      • EPAC - European patent administration certification
      • EQE - European Qualifying Examination
        • Go back
        • Overview
        • Archive
        • Candidates successful in the European qualifying examination
        • Compendium
          • Go back
          • Overview
          • Pre-examination
          • Paper A
          • Paper B
          • Paper C
          • Paper D
    • Learning resources by area of interest
      • Go back
      • Overview
      • Patent granting
      • Technology transfer and dissemination
      • Patent enforcement and litigation
        • Go back
        • Overview
        • Patent enforcement in Europe
        • Patent litigation in Europe
    • Learning resources by profile
      • Go back
      • Overview
      • Business and IP managers
        • Go back
        • Overview
        • Innovation case studies
          • Go back
          • Overview
          • SME case studies
          • Technology transfer case studies
          • High-growth technology case studies
        • Inventors' handbook
          • Go back
          • Overview
          • Introduction
          • Disclosure and confidentiality
          • Novelty and prior art
            • Go back
            • Overview
            • Is the idea ‘obvious’?
            • Prior art searching
            • Professional patent searching
            • Simple Espacenet searching
            • What is prior art?
            • Why is novelty important?
          • Competition and market potential
            • Go back
            • Overview
            • Research guidelines
          • Assessing the risk ahead
            • Go back
            • Overview
            • Exploitation routes
            • Significant commercial potential
            • Significant novelty
            • What about you?
            • What if your idea is not novel but does have commercial potential?
          • Proving the invention
            • Go back
            • Overview
            • Help with design or redesign
            • Prototype strategy
          • Protecting your idea
            • Go back
            • Overview
            • Forms of IPR
            • Patenting strategy
            • The patenting process
          • Building a team and seeking funding
            • Go back
            • Overview
            • Building a team
            • Sources of funding
            • Sources of help for invention
          • Business planning
            • Go back
            • Overview
            • Constructing a business plan
            • Keep it short!
          • Finding and approaching companies
            • Go back
            • Overview
            • First contact
            • Meetings
          • Dealing with companies
            • Go back
            • Overview
            • Advance or guaranteed payment
            • Companies and your prototype
            • Full agreement – and beyond
            • Negotiating a licensing agreement
            • Reaching agreement
            • Royalties
        • Best of search matters
          • Go back
          • Overview
          • Tools and databases
          • EPO procedures and initiatives
          • Search strategies
          • Challenges and specific topics
        • Support for high-growth technology businesses
          • Go back
          • Overview
          • For IP professionals
          • For business decision-makers
          • For stakeholders of the innovation ecosystem
        • IP clinics
      • EQE Candidates
        • Go back
        • Overview
        • Coffee-break questions
        • Daily D questions
        • European qualifying examination - Guide for preparation
      • Judges, lawyers and prosecutors
        • Go back
        • Overview
        • Compulsory licensing in Europe
        • The jurisdiction of European courts in patent disputes
      • National offices and IP authorities
        • Go back
        • Overview
        • Learning material for examiners of national officers
        • Learning material for formalities officers and paralegals
      • Patent attorneys and paralegals
      • Universities, research centres and TTOs
        • Go back
        • Overview
        • Academic Research Programme
          • Go back
          • Overview
          • Completed research projects
          • Current research projects
        • Pan-European Seal Young Professionals Programme
          • Go back
          • Overview
          • For students
          • For universities
            • Go back
            • Overview
            • IP education resources
            • University memberships
          • Our young professionals
          • Professional development plan
        • IP Teaching Kit
          • Go back
          • Overview
          • Download modules
        • Intellectual property course design manual
  • About us
    • Go back
    • Overview
    • The EPO at a glance
    • 50 years of the EPC
      • Go back
      • Overview
      • 50 Leading Tech Voices
      • Kids’ collaborative art competition
    • Legal foundations and member states
      • Go back
      • Overview
      • Legal foundations
      • Member states
        • Go back
        • Overview
        • Member states by date of accession
      • Extension states
      • Validation states
    • Governance
      • Go back
      • Overview
      • Communiqués
        • Go back
        • Overview
        • 2022
        • 2021
        • 2020
        • 2019
        • 2018
        • 2017
        • 2016
        • 2015
        • 2014
        • 2013
      • Calendar
      • Documents and publications
        • Go back
        • Overview
        • Select Committee documents
      • Administrative Council
        • Go back
        • Overview
        • Composition
        • Representatives
        • Rules of Procedure
        • Board of Auditors
        • Secretariat
        • Council bodies
    • Principles & strategy
      • Go back
      • Overview
      • Mission, vision, values & corporate policy
      • Strategic Plan 2028
      • Towards a New Normal
      • Data protection & privacy notice
    • Leadership & management
      • Go back
      • Overview
      • About the President
      • Management Advisory Committee
    • Procurement
      • Go back
      • Overview
      • Procurement forecast
      • Doing business with the EPO
      • Procurement procedures
      • About eTendering
      • Procurement portal
        • Go back
        • Overview
        • e-Signing contracts
      • Invoicing
      • General conditions
      • Archived tenders
    • Services & activities
      • Go back
      • Overview
      • Our services & structure
      • Quality
        • Go back
        • Overview
        • Foundations
          • Go back
          • Overview
          • European Patent Convention
          • Guidelines for examination
          • Our staff
        • Enabling quality
          • Go back
          • Overview
          • Prior art
          • Classification
          • Tools
          • Processes
        • Products & services
          • Go back
          • Overview
          • Search
          • Examination
          • Opposition
          • Continuous improvement
        • Quality through networking
          • Go back
          • Overview
          • User engagement
          • Co-operation
          • User satisfaction survey
          • Stakeholder Quality Assurance Panels
        • Patent Quality Charter
        • Statistics
          • Go back
          • Overview
          • Search
          • Examination
          • Opposition
      • Consulting our users
        • Go back
        • Overview
        • Standing Advisory Committee before the EPO (SACEPO)
          • Go back
          • Overview
          • Objectives
          • SACEPO and its working parties
          • Meetings
          • Single Access Portal – SACEPO Area
      • Our user service charter
      • European and international co-operation
        • Go back
        • Overview
        • Co-operation with member states
          • Go back
          • Overview
        • Bilateral co-operation with non-member states
          • Go back
          • Overview
          • Validation system
          • Reinforced Partnership programme
        • Multilateral international co-operation with IP offices and organisations
        • Co-operation with international organisations outside the IP system
      • European Patent Academy
        • Go back
        • Overview
        • Partners
      • Chief Economist
        • Go back
        • Overview
        • Economic studies
      • Ombuds Office
      • Reporting wrongdoing
    • Statistics and trends
      • Go back
      • Overview
      • Statistics & Trends Centre
      • EPO Data Hub
      • Clarification on data sources
    • Social responsibility
      • Go back
      • Overview
      • Environment
      • Art collection
        • Go back
        • Overview
        • The collection
        • Let's talk about art
        • Artists
        • Media library
        • What's on
        • Publications
        • Contact
    • History
      • Go back
      • Overview
      • 1970s
      • 1980s
      • 1990s
      • 2000s
      • 2010s
      • 2020s
    • Transparency portal
      • Go back
      • Overview
      • General
        • Go back
        • Overview
        • Annual Review 2022
          • Go back
          • Overview
          • Foreword
          • Executive summary
          • Goal 1: Engaged and empowered
          • Goal 2: Digital transformation
          • Goal 3: Master quality
          • Goal 4: Partner for positive impact
          • Goal 5: Secure sustainability
      • Human
      • Environmental
      • Organisational
      • Social and relational
      • Economic
      • Governance
  • Boards of Appeal
    • Go back
    • Overview
    • Decisions of the Boards of Appeal
      • Go back
      • Overview
      • Recent decisions
      • Selected decisions
    • Procedure
    • Annual reports
      • Go back
      • Overview
    • Organisation
      • Go back
      • Overview
      • President of the Boards of Appeal
      • Enlarged Board of Appeal
        • Go back
        • Overview
        • Pending referrals (Art. 112 EPC)
        • Decisions sorted by number (Art. 112 EPC)
        • Pending petitions for review (Art. 112a EPC)
        • Decisions on petitions for review (Art. 112a EPC)
      • Technical Boards of Appeal
      • Legal Board of Appeal
      • Disciplinary Board of Appeal
      • Presidium
        • Go back
        • Overview
        • Composition of the Presidium
          • Go back
          • Overview
          • Archive
    • Code of Conduct
    • Business distribution scheme
      • Go back
      • Overview
      • Technical boards of appeal by IPC in 2023
      • Archive
    • Annual list of cases
    • Communications
    • Publications
    • Case Law of the Boards of Appeal
      • Go back
      • Overview
      • Archive
    • Case Law from the Contracting States to the EPC
    • Oral proceedings
  • Service & support
    • Go back
    • Overview
    • Website updates
    • Availability of online services
      • Go back
      • Overview
    • FAQ
      • Go back
      • Overview
    • Publications
    • Ordering
      • Go back
      • Overview
      • Terms and conditions
        • Go back
        • Overview
        • Patent information products
        • Bulk data sets
        • Open Patent Services (OPS)
        • Fair use charter
    • Procedural communications
    • Useful links
      • Go back
      • Overview
      • Patent offices of member states
      • Other patent offices
      • Legal resources
      • Directories of patent attorneys
      • Patent databases, registers and gazettes
      • Disclaimer
    • Contact us
      • Go back
      • Overview
      • Filing options
      • Locations
      • Specific contact
      • Surveys
        • Go back
        • Overview
        • Search services
        • Examination services, final actions and publication
        • Opposition services
        • Patent filings
          • Go back
          • Overview
          • Detailed methodology
          • Archive
        • Online Services
        • Patent information
          • Go back
          • Overview
          • Innovation process survey
        • Customer services
        • Filing services
        • Website
        • Survey on electronic invoicing
        • Companies innovating in clean and sustainable technologies
    • Subscription centre
      • Go back
      • Overview
      • Subscribe
      • Change preferences
      • Unsubscribe
    • Official holidays
    • Forums
    • Glossary
Board of Appeals
Decisions

Recent decisions

Overview
  • 2023 decisions
  • 2022 decisions
  • 2021 decisions
https://www.epo.org/en/node/t030025eu1
  1. Home
  2. T 0025/03 08-02-2005
Facebook Twitter Linkedin Email

T 0025/03 08-02-2005

European Case Law Identifier
ECLI:EP:BA:2005:T002503.20050208
Date of decision
08 February 2005
Case number
T 0025/03
Petition for review of
-
Application number
94106603.7
IPC class
D01H 13/22
Language of proceedings
EN
Distribution
NO DISTRIBUTION (D)

Download and more information:

Decision in EN 67.12 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

Diagnosing method of yarn monitor and apparatus thereof

Applicant name
Murata Kikai Kabushiki Kaisha
Opponent name

Saurer GmbH & Co. KG

Uster Technologies AG

Board
3.2.06
Headnote
-
Relevant legal provisions
European Patent Convention Art 84 1973
European Patent Convention Art 123(2) 1973
European Patent Convention R 57a 1973
Keywords

Amendments - caused by grounds of opposition (no)

Amendments - clarity ((no), main request)

Amendments - inadmissible extraction of isolated features (first auxiliary request)

Late filed request - exercise of discretion (second auxiliary request)

Catchword
-
Cited decisions
T 1067/97
T 0153/85
T 0655/93
Citing decisions
T 1407/06
T 0209/09
T 0443/10
T 1572/11
T 0367/05
T 1034/06
T 1623/06
T 0405/07
T 1112/07
T 1500/07
T 1501/07
T 1502/07
T 0354/08
T 0463/08
T 0464/08
T 0465/08
T 0558/08
T 0219/09
T 0961/09
T 0962/09
T 1538/09
T 1600/09
T 2359/09
T 0685/10
T 1118/10
T 2282/10
T 1589/11
T 1818/11
T 1180/12
T 0647/14
T 2288/15
T 2515/17
T 2783/18
T 2994/18
T 0877/07
T 0935/07
T 1986/08
T 0795/09
T 1985/09
T 1549/19

I. The appeal is from the decision of the Opposition Division posted on 15 October 2002 to revoke European patent No. 0 622 481, granted in respect of European patent application No. 94 106 603.7.

II. In the decision under appeal the Opposition Division considered that the patentee's request to maintain the patent in amended form on the basis of an amended claim 1 replacing claims 1 and 4 of the patent as granted together with the remaining claims thereof was not allowable due to lack of novelty of the subject- matter of claim 3 over the prior art disclosed by document:

D1: CH-A-678 172

III. The appellant (patentee) lodged an appeal, received at the EPO on 20 December 2002, against this decision and simultaneously paid the appeal fee. With the statement setting out the grounds of appeal, received at the EPO on 25 February 2003, the appellant filed new claims 1 to 7. Claim 1 corresponded to claim 1 of the request on which was based the decision of the Opposition Division.

IV. In a communication accompanying the summons for oral proceedings pursuant to Article 11(1) Rules of Procedure of the boards of appeal the Board expressed the preliminary opinion that it would appear that claim 1 did not meet the requirements of Article 84 EPC: it was not clear that each of the plurality of yarn detectors was associated to one of the spinning units of a spinning machine and it was not clear how was made the decision on whether the abnormal state was caused by the yarn detector itself or by other factors.

V. In response to the communication of the Board, the appellant filed with letter dated 10 January 2005 an amended claim 1 and cancelled claims 4 to 7 of the previous request on file.

VI. Oral proceedings, at the end of which the decision of the Board was announced, took place on 8 February 2005.

The appellant requested that the decision under appeal be set aside and that the patent be maintained on the basis of claims 1 to 3 of the main request filed with letter dated 10 January 2005 or on the basis of claim 1 in accordance with the first and second auxiliary request filed during the oral proceedings.

The respondents requested that the appeal be dismissed.

VII. Claim 1 of the main request reads as follows:

"1. Control method for a spinning machine comprising a number of spinning units each of which is associated with a yarn detector continuously monitoring a yarn supplied by the respective spinning unit, wherein an abnormal state diagnosis of each yarn detector is carried out by comparing the monitoring result of the yarn detector as the diagnosis object with the monitoring results of the other yarn detectors and decision is effected whether the abnormal state is caused by the yarn detector itself as the diagnosis object or the abnormal state is caused by other factors such as yarn quality, characterized in that from the yarn monitoring result of each yarn detector the yarn diameter average value and the yarn evenness are derived, and the yarn diameter average value and the yarn evenness derived from the monitoring result of the yarn monitor as the diagnosis object are compared with the yarn diameter average value and the yarn evenness derived from the monitoring results of the other yarn detectors."

Claim 1 of auxiliary request 1 differs from claim 1 of the main request in that it is directed to a "control method of a yarn monitoring for a spinning machine" and in that it includes the following final sentence:

"if a yarn diameter average value deviation is detected but not a yarn evenness deviation the abnormal state of the yarn detector as the diagnosis object is detected".

Claim 1 of auxiliary request 2 differs from claim 1 of auxiliary request 1 by the insertion, immediately after the expression "characterized in that", of the following wording:

"a yarn breaking signal is used to detect a zero point deviation of the yarn monitor as the diagnosis object".

VIII. The submissions of the appellant in support of its requests can be summarized as follows:

Claim 1 as amended related to a "control method for a spinning machine", rather than to a "control method of a yarn monitoring" as granted claim 1. This amendment allowed an easier drafting of a claim clearly defining that each spinning unit of a spinning machine was associated with a yarn detector.

For a skilled person it was immediately clear from the wording of claim 1 that the manner of making the decision on whether a yarn detector was in an abnormal state corresponded to that shown in detail in Figure 4 and explained in the relevant passages of the description.

Claim 1 did not include the step concerning the zero point deviation shown in Figure 4. However, it was clear that this step was distinct from the other steps shown in Figure 4 because the zero point deviation related to a necessary initial adjustment of the yarn detector whilst the other steps of claim 1 related to the detection of a gain error and thus of a malfunction of the yarn detector. Furthermore, the adjustment of the zero point was well known in the art.

Claim 1 of the first auxiliary request was directed to "a control method of a yarn monitoring for a spinning machine" and was as such in conformity with the wording of claim 1 of the patent as granted. By additionally defining "if a yarn diameter average value deviation is detected but not a yarn evenness deviation the abnormal state of the yarn detector as the diagnosis object is detected" it unambiguously specified the manner of making the decision on whether a yarn detector was in an abnormal state. In this respect, the definition of claim 1 also clearly reflected the sequence of steps shown in Figure 4.

Claim 1 of the second auxiliary request additionally included the feature concerning the detection of the zero point deviation and thus reflected the complete solution shown in Figure 4 of the patent in suit.

IX. The respondents essentially agreed with the following objections raised by the Board during the oral proceedings with respect to the amendments made to claim 1 of the main request:

The amendment of claim 1 consisting in replacing "control method of a yarn monitoring" with "control method for a spinning machine" was not occasioned by a ground for opposition and therefore did not meet the requirements of Rule 57a EPC. Furthermore, it introduced a lack of clarity, contrary to Article 84 EPC, because although directed to a control method for a spinning machine, claim 1 did not define any steps concerning the control of the spinning machine but only the steps concerning the monitoring and diagnosing of yarn detectors. Hence, it was not clear whether claim 1 sought protection for a method of controlling a spinning machine or rather for a control method of a yarn monitoring, as granted claim 1. Furthermore, the characterising portion of claim 1 referred to a step in which the parameters yarn diameter average value and yarn evenness of the yarn detectors were evaluated and to a further step in which the parameters evaluated for a yarn detector were compared with the corresponding parameters evaluated for other yarn detectors, but the claim failed to define how the comparison was used for deciding on an abnormal state of said one yarn detector.

Respondent II further argued that claim 1, which was clearly restricted to the embodiment according to the flow chart of Figure 4 of the patent in suit, did not include the step concerning the zero point deviation shown in Figure 4. Since in the application as filed there was no basis for omitting this step from the specific combination of the embodiment of Figure 4, claim 1 did not meet the requirements of Article 123(2) EPC. This objection also applied to claim 1 of the first auxiliary request. The latter further contravened Article 123(2) EPC because it did not define the specific sequence of steps for deciding on the presence of an abnormal state of a yarn detector shown in Figure 4 and described in the relevant passages of the specification.

1. The appeal is admissible.

2. Main request

2.1. In the Board's view the amendment of claim 1 consisting in replacing the expression "control method of a yarn monitoring" of claim 1 as granted with "control method for a spinning machine" is not occasioned by a ground for opposition (the patent was opposed for lack of novelty and inventive step) and therefore does not meet the requirements of Rule 57a EPC. In fact, the proposed amendment does not serve to further delimit the claimed invention over the prior art since there is no step in claim 1 which is concerned with the control of the spinning machine. The steps of the method of claim 1 exclusively relate to the monitoring of yarn detectors and diagnosis thereof and there is no implicit or explicit reference to a control of the spinning machine carried out on the basis of any of these steps.

2.2. Furthermore, due to the above-mentioned absence of any steps concerning the control of the spinning machine, it is not clear whether claim 1 seeks protection for a method for controlling a spinning machine or for a method of diagnosing an abnormal state of a yarn monitoring (in accordance with the definition of claim 1 of the patent as granted) which is independent from the control of the spinning machine. Therefore, since claim 1 does not clearly define the matter for which protection is sought, it does not meet the requirements of Article 84 EPC.

2.3. Since claim 1 already fails for these reasons, it is not necessary to consider the other objections raised in respect of the main request.

3. First auxiliary request

3.1. In analogy to claim 1 of the patent as granted, claim 1 of the first auxiliary request is directed to a "control method of a yarn monitoring". Therefore, the above conclusions in respect of the main request do not apply for the first auxiliary request.

3.2. Claim 1 includes the features of claims 1, 2 and 5 of the application as filed, except the feature of claim 5 concerning the detection of a zero point deviation. It further includes the feature: "if a yarn diameter average value deviation is detected but not a yarn evenness deviation the abnormal state of the yarn detector as the diagnosis object is detected".

3.3. The appellant referred to the embodiment of figure 4 and the corresponding description in the application as filed as forming the basis for introducing this latter feature in claim 1. Figure 4, which is a flow chart showing the various steps of the method, discloses that in the process of detecting an abnormal state of a yarn detector (which results in performing step #9: "display of a gain error of a yarn monitor"), the step of deciding whether the yarn evenness is deviated from that of other units (step #8) is carried out only if the result of the preceding step (step #3), consisting in deciding whether the yarn diameter average value of the yarn detector as the diagnosis object is deviated from the yarn diameter average value of other detectors, is positive ("yes"). This is confirmed by the corresponding description (see column 5, lines 29 to 41 of the patent application as published). Thus figure 4 and the corresponding description of the application as filed disclose a specific combination of steps for detecting the abnormal state of the yarn detector, according to which if a yarn diameter average value deviation is detected then it is decided whether there is a yarn evenness deviation, and if there is no yarn evenness deviation, then the abnormal state of the yarn detector as the diagnosis object is detected.

According to the established case law of the boards of appeal, if a claim is restricted to a preferred embodiment, it is normally not admissible under Article 123(2) EPC to extract isolated features from a set of features which have originally been disclosed in combination for that embodiment. Such kind of amendment would only be justified in the absence of any clearly recognisable functional or structural relationship among said features (see e.g. T 1067/97, point 2.1.3).

In the present case, claim 1 defines the steps of the embodiment according to Figure 4 of detecting a yarn diameter average value and of detecting a yarn evenness deviation, but not in the specific combination shown in Figure 4. In fact, claim 1 leaves open which step is carried out first: according to the wording of claim 1, the step of detecting a yarn evenness deviation can be carried out before, after, or simultaneously with the step of detecting a yarn diameter average value deviation. These two steps are therefore extracted as isolated features from the specific combination disclosed in Figure 4.

The skilled reader would consider the specific sequence of steps disclosed in Figure 4 as essential for obtaining the desired result of deciding whether the abnormal state is caused by the yarn detector itself as the diagnosis object or the abnormal state is caused by other factors such as yarn quality (see claim 1). Indeed, it is only on the basis of a positive result ("yes") of step #3 that a further method step (#8) is carried out with the aim of deciding whether there is an abnormal state caused by the yarn detector itself; in case of a negative result ("no") of step #3, such an abnormal state is immediately excluded and other steps of the method are carried out with the aim of deciding whether there is an abnormal state of the yarn quality (step #4 followed by step #5 or #6).

3.4. Therefore, since claim 1 results from the extraction of isolated steps from the specific combination disclosed as essential in the embodiment of Figure 4, and since the appellant did not refer to other parts of the application as filed that could support the proposed amendment, nor have such parts been identified by the Board, claim 1 as amended in accordance with the first auxiliary request does not meet the requirements of Article 123(2) EPC.

4. Second auxiliary request

According to the established case law of the boards of appeal (see e.g. T 153/85, OJ EPO 1988, 001; T 655/93) when deciding an appeal during oral proceedings, a Board of Appeal may refuse to consider alternative claims which have been filed at a late stage, e.g. during the oral proceedings, if such claims are not clearly allowable.

Claim 1 of the second auxiliary request differs from claim 1 of the first auxiliary request by the addition of a step concerning the detection of a zero point deviation of the yarn monitor as the diagnosis object. This amendment does not introduce further limitations in respect of the combination of the step of detecting a yarn diameter average value and the step of detecting a yarn evenness deviation. Therefore, the amendments made to claim 1 of the second auxiliary request do not remove the above-mentioned defects of claim 1 of the first second auxiliary request.

Accordingly, since claim 1 of the second auxiliary request has been filed at a late stage, namely late during the oral proceedings before the Board of Appeal, and since it is not clearly allowable, it is not admitted into the appeal proceedings.

Order

ORDER

For these reasons it is decided that:

The appeal is dismissed.

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