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

    Patent knowledge

    Access our patent databases and search tools.

    Go to overview 

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

    Technology insight report on plastic waste management

  • Applying for a patent

    Applying for a patent

    Practical information on filing and grant procedures.

    Go to overview 

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

    UP

    Find out how the Unitary Patent can enhance your IP strategy

  • Law & practice

    Law & practice

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

    Go to overview 

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

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

  • News & events

    News & events

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

    Go to overview 

     

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

    Podcast

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

  • Learning

    Learning

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

    Go to overview 

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

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

  • About us

    About us

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

    Go to overview 

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

    Track the latest tech trends with our Patent Index

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

Recent decisions

Overview
  • 2025 decisions
  • 2024 decisions
  • 2023 decisions
  1. Home
  2. T 0085/03 02-08-2005
Facebook X Linkedin Email

T 0085/03 02-08-2005

European Case Law Identifier
ECLI:EP:BA:2005:T008503.20050802
Date of decision
02 August 2005
Case number
T 0085/03
Petition for review of
-
Application number
97109582.3
IPC class
C08F 20/12
C08F 2/30
Language of proceedings
EN
Distribution
DISTRIBUTED TO BOARD CHAIRMEN (C)

Download and more information:

Decision in EN 90.39 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Unpublished
Application title

Acrylic emulsions prepared in the presence of fully hydrolyzed poly (vinyl alcohol)

Applicant name
Wacker Polymer Systems GmbH & Co. KG
Opponent name
Clariant GmbH
Board
3.3.03
Headnote
-
Relevant legal provisions
European Patent Convention Art 83 1973
Keywords
Disclosure - sufficiency (no)
Catchword
-
Cited decisions
T 0550/91
Citing decisions
T 0864/10
T 1032/10
T 2357/12

I. The mention of the grant of European patent No. 0 812 863, in respect of European patent application No. 97 109 582.3, filed on 12 June 1997 and claiming a US priority of 14 June 1996 (US 663496), was published on 15 September 1999 (Bulletin 1999/37). The granted patent contained 19 claims, whereby independent Claims 1, 11 and 19 read as follows:

"1. A process for the emulsion polymerization of a monomer mixture consisting essentially of water insoluble, ethylenically unsaturated monomers having acrylic unsaturation for producing polyacrylic polymer particles wherein a polymerizable monomer system consisting essentially of at least one acrylic monomer is polymerized in the presence of water and a stabilizer for producing polyacrylic polymer, the improvement for producing an acrylic emulsion having a solids content of greater than 45% by weight without microfluidization which comprises:

a) effecting the polymerization in a polymerization zone utilizing a stabilizer consisting essentially of poly(vinyl alcohol) selected from the group consisting of poly(vinyl alcohol) having a hydrolysis value of greater than 96.5% and a poly(vinyl alcohol) having a hydrolysis value of at least 86% where the molecular weight is within a range of from 5,000 to 13,000 and in the substantial absence of surfactants and solvents, said poly(vinyl alcohol) being present in an amount of from 2 to about 15% by weight of the monomers to be polymerized; and,

b) effecting the polymerization in the presence of a chain transfer agent.

11. An aqueous emulsion consisting essentially of polymerized ethylenically unsaturated monomers having acrylic unsaturation for producing polyacrylic polymer particles, the improvement which comprises: said emulsion stabilized with a stabilizer consisting essentially of poly(vinyl alcohol) selected from the group consisting of poly(vinyl alcohol) having a hydrolysis value of greater than 96.5% and a poly(vinyl alcohol) having a hydrolysis value of at least 86% where the molecular weight is within a range of from 5,000 to 13,000 and said emulsion is substantially free of surfactants and solvents, said emulsion having a solids content of at least 45% by weight of the emulsion and the poly(vinyl alcohol) being incorporated in an amount of from 2 to 12% by weight of the polyacrylic polymers.

19. A redispersible acrylic polymer formed from the emulsion of any of claims 11 to 18."

Claims 2 to 10 and 12 to 18 were dependent claims.

II. A notice of opposition was filed on 15 June 2000 by Clariant GmbH, requesting revocation of the patent in its entirety on the grounds of Article 100(a) EPC, ie lack of novelty and lack of inventive step, and on the grounds of Article 100(b) EPC, ie lack of sufficiency of disclosure. The opposition was - inter alia - supported by the following documents:

D1: EP-B-0 538 571;

D2: EP-A-0 718 314;

D4: Product information concerning "Airvol®" of Air Products and Chemicals, Inc;

D5: H.-G. Elias, "Makromoleküle", 1975, excerpt from table of contents (filed by the opponent at the oral proceedings before the opposition division); and

D6: chapter "B5 Molmasse und Polymerisationsgrad von Mowiol", from a product information relating to Mowiol® polyvinyl alcohols, Mai 1999, (filed by the opponent at the oral proceedings before the opposition division).

III. By an interlocutory decision which was announced orally on 17 September 2002 and issued in writing on 6 November 2002, the opposition division decided that the patent could be maintained in amended form according to the proprietor's sole request then on file.

(a) Amended Claim 1 of this request differed from Claim 1 as granted in that the polymerizable monomer system was further specified (amendments indicated in bold) as "a polymerizable monomer system consisting essentially of at least one C1-8 alkyl ester of acrylic or methacrylic acid, and optionally less than 10 wt% of at least one other ethylenically unsaturated monomer having acrylic unsaturation".

Amended Claim 10 differed from Claim 11 as granted in that the further requirement "consisting essentially of at least one C1-8 alkyl ester of acrylic or methacrylic acid, and optionally less than 10 wt% of at least one other ethylenically unsaturated monomer having acrylic unsaturation" was inserted after the wording "monomers having acrylic unsaturation".

Claims 2 to 9 and 11 to 18 of this request corresponded to granted Claims 2 to 5, 7 to 10 and 12 to 19 whereby, due to the incorporation of the subject-matter of granted Claim 6 into Claim 1, the numbering and the dependency was amended where necessary.

(b) The opposition division held that the amendment of Claims 1 and 10 was clear and supported by the application as originally filed.

As regards the molecular weight range of the polyvinyl alcohol (5,000 to 13,000), it was held that the claims of the patent read in the light of the description appeared to point towards number average molecular weight (Mn) ranges. Although the opponent had shown that Mn could be measured by different methods, it had not provided evidence for its argument that different commonly available measurements led to different results. Since, furthermore, the skilled person knew how to measure Mn, the opposition division concluded that a skilled person did not face an unreasonable burden in putting the invention to practice.

(c) The claimed subject-matter was also considered to be novel and inventive over the cited prior art.

IV. On 15 January 2003, the opponent filed a notice of appeal against the above decision with simultaneous payment of the prescribed fee.

V. On 10 March 2003, the professional representative Dr Ackermann filed the statement of grounds of appeal. In the same letter, the transfer of the opposition to Celanese Emulsions GmbH was requested. In view of this transfer, the question arose as to whether Clariant GmbH was entitled to file the notice of appeal since it had already transferred the relevant business before filing the notice of appeal, and as to whether Celanese Emulsions GmbH which appeared to have filed the statement of grounds of appeal was entitled to do so.

At the oral proceedings held on 7 December 2004, the board heard the parties on the issue of admissibility of the appeal. By interlocutory decision dated 7 December 2004 (not published in the OJ EPO), the board decided that the opponent's appeal was admissible.

VI. In the statement of grounds of appeal and the further letter dated 28 April 2004, the appellant (opponent) argued with regard to the substantive issues in essence as follows:

(a) Amended Claims 1 and 10 as maintained by the opposition division violated Articles 84, 123(2) and (3) EPC.

(b) The patent in suit lacked sufficiency because no method of measurement was given for the molecular weight which was an essential parameter of one type of the poly(vinyl alcohols). However, D5 and D6 showed that different methods existed and the values obtained were dependent upon the method chosen. Experimental results, D8, were filed to demonstrate that not only the method of measurement but also the measuring conditions of a commonly used method, ie gel permeation chromatography (GPC), were relevant reliably to define the molecular weight.

D8: Molecular weight measurements on Mowiol® 4-88 poly(vinyl alcohol).

Furthermore, it was pointed out that not all the claimed poly(vinyl alcohols) solved the posed problem, ie stable acrylate emulsions with high solids content. The example with poly(vinyl alcohol) D did not provide a stable polymer emulsion, although poly(vinyl alcohol) D fell within the scope of Claim 1.

(c) The claimed subject-matter was not novel and not based on an inventive step in view D1 and D2. D1a, the European patent application corresponding to D1, was submitted.

D1a: EP-A-0 538 571.

VII. The arguments of the respondent (proprietor) presented in its counterstatement dated 30 September 2003 may be summarized as follows:

(a) The amendments to Claims 1 and 10 were clear and supported by the application as originally filed.

(b) Although different methods for measuring the molecular weight might provide different values for Mn, it would have been possible, without undue burden, to carry out the invention as defined in Claim 1. In this context, reference was made to T 550/91 of 4 April 1995 (not published in the OJ EPO). By reworking the examples in the patent in suit, it would have been possible to find out which of the methods had been used. Still further, a wide variety of commercial poly(vinyl alcohols) was tested in Example 5 which also provided the number average molecular weight of these poly(vinyl alcohols). Document D9, directed to the characterization of poly(vinyl alcohol), was submitted:

D9: D.J. Nagy, "Characterization of poly(vinyl alcohol) using SEC multiangle laser light scattering", American Laboratory, Vol. 27, n°4, page 47J ff (1995).

As regards poly(vinyl alcohol) D, it was pointed out that paragraph [0041] identified these results as somewhat spurious and that the poly(vinyl alcohol) was on the borderline of acceptable stabilizers. Such a statement implied that although it did not work as well as other stabilizers, it was still better than those previously shown in the prior art. That being the case, the invention could clearly be worked across its breadth.

(c) The claimed subject-matter was also novel and inventive over D1 and D2.

VIII. In a communication, issued on 21 April 2005 accompanying a summons to oral proceedings, the salient issues to be discussed at the oral proceedings were identified by the board as being firstly, Articles 84, 123(2) and (3) EPC (in this context, paragraphs [0016] and [0017] of the patent in suit and the corresponding passages in the application as originally filed appeared most relevant), secondly, whether or not the missing indication of the method of measurement for the molecular weight led to a lack of sufficiency of disclosure, and thirdly, whether or not the claimed subject-matter was novel and inventive over the cited prior art.

IX. With the letter dated 3 June 2005, the appellant (opponent) maintained its previous objections, refiled copies of D5 and D6 which showed the respective publication date and filed the following new documents:

D10: Data sheet FA 201 "2-Hydroxyethyl acrylate" (August 2000);

D11: Data sheet FM 001 "Methacrylic acid" (September 2001); and

D12: EP-A-0 873 978.

X. In its submissions dated 1 July 2005, the respondent (proprietor) elaborated on the issues to be discussed at the oral proceedings. In particular with respect to the method for determining the molecular weight, it argued that GPC, also referred to as size exclusion chromatography (SEC), was the established method to determine this parameter. Furthermore, the combination of SEC with multiangle laser light scattering (MALLS) as the detection methods provided absolute values so that the indication of the exact measuring conditions was not necessary any more. Because reliable methods for measuring the molecular weight of poly(vinyl alcohol) were known at the date of filing of the patent in suit, there was no need to refer to the method of measurement. This was supported by the fact that three major producers of poly(vinyl alcohol), namely Celanese, Acetex and Wacker, did not mention the method of measurement when referring to the molecular weight of the products in their publications as could be seen from D13 to D15:

D13: Erkol - Acetex Group (from the internet);

D14: Celvol® Polyvinyl Alcohol - Celanese (from the internet); and

D15: Polyviol® - Wacker product information (June 1984).

XI. On 2 August 2005, oral proceedings were held before the board.

(a) Following a discussion as to whether or not Claims 1 and 10 of the request then on file, ie the claims underlying the decision under appeal (section III(a), above), met the requirements of Article 123(2) EPC, the respondent (proprietor) withdrew this request, filed a new Claim 1 and requested that the patent be maintained on the basis of this new Claim 1 together with Claims 2 to 9 underlying the decision under appeal.

Amended Claim 1 of this new request differed from Claim 1 as granted (section I, above) in that the term "consisting essentially of" occurring twice in Claim 1 as granted was replaced by the term "consisting of" and the at least one acrylic monomer was further specified as at least one C1-8 alkyl ester of acrylic or methacrylic acid. Thus, the relevant passages of Claim 1 read as follows:

"A process for the emulsion polymerization of a monomer mixture consisting of water insoluble, ethylenically unsaturated monomers ..." and "... a polymerizable monomer system consisting of at least one C1-8 alkyl ester of acrylic or methacrylic acid ...".

(b) The appellant (opponent) raised no objection against the introduction of this new request into the proceedings, and the board admitted the new request for consideration.

(c) The appellant (opponent) raised no objection with respect to Articles 84, 123(2) and (3) EPC against new Claim 1 but maintained its objection that the claimed subject-matter did not meet the requirements of Article 83 EPC. In this respect, it basically relied on its written submissions. Furthermore, it emphasized that the information on the molecular weight of the commercially available poly(vinyl alcohols) mentioned in Example 5 of the patent in suit was both inconsistent in itself and inconsistent with the data in D9.

(d) With respect to Article 83 EPC, also the respondent (proprietor) basically relied on its written submissions. In particular, it pointed out that the skilled person would use size exclusion chromatography (SEC) in combination with multiangle laser light scattering (MALLS) as the detection method for determining the molecular weight of the poly(vinyl alcohol) which allowed the determination of absolute molecular weight and made the indication of measuring conditions superfluous. As regards the example with poly(vinyl alcohol D), it was considered to be merely an occasional lack of success.

XII. The appellant(opponent) requested that the decision under appeal be set aside and the patent be revoked in its entirety.

The respondent (proprietor) requested that the decision under appeal be set aside and that the patent be maintained on the basis of Claim 1 as submitted during the oral proceedings on 2 August 2005 and Claims 2 to 9 filed on 16 July 2002 with letter of 16 July 2002.

1. Admissibility of appeal

In the interlocutory decision T 85/03 dated 7 December 2004 (not published in the OJ EPO), it was decided that the opponent's appeal complied with Articles 106 to 108 EPC and Rule 64 EPC and was therefore admissible.

2. Amendments

2.1 Claims 1 to 9 of the present request correspond to Claims 1 to 5 and 7 to 10 as granted (section I, above), except that in Claim 1 the term "consisting essentially of" occurring twice in Claim 1 as granted is replaced by the term "consisting of", and the at least one acrylic monomer is further specified as at least one C1-8 alkyl ester of acrylic or methacrylic acid.

2.1.1 Basis for the latter amendment can be found on page 6, lines 1 to 5 of the application as originally filed (corresponding to page 3, lines 46 to 49 of the patent in suit). This passage generally refers to C1-8 alkyl esters of acrylic or methacrylic acid as acrylic monomers which can be used in the polymerization process described in the patent in suit and places no limitation upon the use of these specific acrylic monomers with regard to certain process conditions. Thus, this amendment meets the requirement of Article 123(2) EPC.

2.1.2 The amendment from "consisting essentially of" to "consisting of" in Claim 1 implies that the monomer system is now an all acrylic water insoluble monomer system of C1-8 alkyl esters of acrylic or methacrylic acid. Although there is no explicit basis for the term "consisting of" in the application as originally filed, it is conspicuous to the board that all examples use a monomer mixture consisting only of methyl methacrylate and butyl acrylate. These two monomers are referred to on page 6, lines 5 to 8 of the application as originally filed (corresponding to page 3, lines 49 to 51 of the patent in suit) as the preferred monomers of the C1-8 alkyl esters of acrylic or methacrylic acid esters, ie the group now required in Claim 1. Thus, the board agrees with the respondent (proprietor) that there is at least an implicit support in the application as originally filed for amending "consisting essentially of" into "consisting of" so that the requirements of Article 123(2) EPC are met.

2.2 Since furthermore, no objection under Article 84 or Article 123(3) EPC arises out of the amendment, the amendment to Claim 1 is allowable. Nor was any objection under Article 123 or Article 84 raised by the appellant (opponent).

2.3 Dependent Claims 2 to 9 correspond to Claims 2 to 5 and 7 to 10 as granted (section I, above), whereby, due to the deletion of granted Claim 6, the numbering and the dependency were amended where necessary. Consequently, also no objection under Article 123 or Article 84 EPC arises against Claims 2 to 9.

3. Sufficiency of disclosure

3.1 According to Claim 1, two types of poly(vinyl alcohol) can be used in the claimed process, namely a poly(vinyl alcohol) having a hydrolysis value of greater than 96.5% and a poly(vinyl alcohol) having a hydrolysis value of at least 86% where the molecular weight is within a range from 5,000 to 13,000. Thus, the former type of poly(vinyl alcohol), also referred to as substantially fully hydrolyzed poly(vinyl alcohol), bears no restriction with respect to the molecular weight, whereas the latter type, also referred to as partially hydrolyzed poly(vinyl alcohol), requires a certain molecular weight.

The use of these two specific types of poly(vinyl alcohol) is, as pointed out in paragraph [0018] of the patent in suit, one of the keys for producing a high solids, ie greater than 45% by weight, all acrylic emulsion without the use of surfactants, solubilizers, and microfluidization techniques.

3.2 Although Claim 1 simply refers to a molecular weight range of from 5,000 to 13,000, it is apparent from the examples in the patent in suit and in particular from the tables on pages 5 and 14 that the molecular weight required in Claim 1 is a number average molecular weight (Mn). This was not contested by the appellant (opponent).

3.3 The essence of the appellant's (opponent's) argument with regard to lack of disclosure is that the patent in suit contains neither explicit nor implicit information as to how the molecular weight of the partially hydrolyzed poly(vinyl alcohol) mentioned in Claim 1 had to be determined. Since, however, various methods were available to determine the molecular weight (eg D5) and different methods might provide different values, the claimed process could not be reproduced without undue burden. Furthermore, not all the claimed poly(vinyl alcohols) solved the posed problem, namely to provide stable acrylate emulsions with high solids content.

Thus, with respect to sufficiency of disclosure, the relevant question is whether the skilled person would have been able, without undue burden, to carry out the invention as defined in Claim 1 over the whole range on the basis of the information given in the patent specification and of the common general knowledge (eg T 550/91 of 4 April 1995, point 4.1 of the reasons; not published in the OJ EPO).

3.3.1 The respondent (proprietor) did not contest that different methods for determining the molecular weight existed and might indeed provide different values for this parameter, but it took the position at the oral proceedings held on 2 August 2005 that the skilled person would use size exclusion chromatography (SEC) in combination with multiangle laser light scattering (MALLS) as the detection method for determining the molecular weight of the poly(vinyl alcohol). As evident from D9 (page 47J, 2nd column), the detection method MALLS has added a new dimension to the characterization of poly(vinyl alcohol) since it could determine, as a primary method, absolute molecular weight and size in solution, independent of elution volume and without the need for column calibration.

3.3.2 Although the use of MALLS as the detection method in SEC measurements may make the indication of the measuring conditions of SEC superfluous, eg type of eluant, elution volume or column calibration, it appears doubtful whether the skilled person would employ the combination of SEC and MALLS in the present case to determine the molecular weight of the partially hydrolyzed poly(vinyl alcohol).

Firstly, D9 merely describes the application of aqueous SEC-MALLS for characterizing poly(vinyl alcohol) molecular weight, root mean square radius and conformation but it contains no hint that SEC-MALLS is commonly used for this purpose. On the contrary, it states in the paragraph bridging the 1st and 2nd column of page 47J that SEC is commonly used for molecular weight analysis of poly(vinyl alcohol). This passage refers only to SEC and not to SEC-MALLS.

Secondly, D9 is not a general textbook but an article from a rather specific journal and appears, therefore, not suitable to demonstrate the common general knowledge of the skilled person.

Thirdly, there appears to be a discrepancy between the data provided in D9 and the data presented in the patent in suit. Table 1 on page 47R of D9 indicates that a 4% solution of a partially hydrolyzed poly(vinyl alcohol) (page 47J, 1st column: 88%) with a viscosity of 3 cP (in water at 20°C) has a number average molecular weight of 13,900 which is outside the scope of Claim 1. On the other hand, the table on page 14 of the patent in suit shows for the commercially available poly(vinyl alcohol) Airvol®-502 with a viscosity range of 3.0 to 3.7 (measured under the same concentration and conditions as in D9 as evidenced by D4, a data sheet on Airvol® products) a number average molecular weight range of 7,000 to 13,000 which is within the scope of Claim 1. Since, however, there is a correlation between the viscosity of a polymer solution and the molecular weight of the dissolved polymer, one would expect for the two viscosities measured under identical conditions the same molecular weight. This not being the case, it appears that the patent in suit did not use SEC-MALLS.

Finally, it appears from D6 that SEC-MALLS still was not the standard method for determining the molecular weight of poly(vinyl alcohols) in 1999, ie four years after the publication of D9. D6 states that the molecular weights of the polymers [ie the poly(vinyl alcohols] generally depends upon the method of measurement. Therefore, a comparison of values is only possible if these were determined by the same method under identical conditions. Then, D6 identifies the method used in this document, namely SEC-MALLS (GPC gekoppelt mit statischer Lichtstreuung (Absolutmethode)).

In view of the above, it appears doubtful that the skilled person would have considered SEC-MALLS as the method for determining the molecular weight of the partially hydrolyzed poly(vinyl alcohol) in the present case.

3.3.3 However, the board agrees with the other view taken by the respondent (proprietor) at the oral proceedings before the opposition division and in its submissions dated 1 July 2005 (point X, above) that SEC is a reliable method commonly used to determine the molecular weight of partially hydrolyzed poly(vinyl alcohols). This view is also supported by D9 which identifies SEC as commonly used for the purpose of molecular weight analysis of poly(vinyl alcohol) (point 3.3.2, above). But even if one assumes that the molecular weight in the patent in suit has to be measured with SEC, this information alone is not enough to obtain reliable values for the parameter in question. As demonstrated by the appellant (opponent) with the tests D8, SEC will produce significantly different values for the molecular weight of a particular poly(vinyl alcohol), depending on the measuring conditions (eg eluant and column calibration). It is conspicuous to the board that D6 also refers to the relevance of the measuring conditions (point 3.3.2, above) which shows that the appellant (opponent) did not overstate the difficulties of obtaining sufficiently reliable values for the molecular weight of poly(vinyl alcohol).

Despite the relevance of the measuring conditions in SEC, the patent in suit does not indicate these conditions. Nor can the commercial poly(vinyl alcohols) tested in Example 5 of the patent in suit assist the skilled person in calibrating the selected measuring method. Example 5 identifies - inter alia - Airvol®-203, a partially hydrolyzed (87-89%) poly(vinyl alcohol) with a number average molecular weight range of 7,000 to 15,000, as effective in acrylate stabilization. This molecular weight range is not in line with the molecular weight range required in Claim 1 because the upper limit of 15,000 is clearly outside the claimed range although it still delivers, according to Example 5, the promised effect. Thus, why should a skilled person apply the measuring conditions used for Airvol®-203 when the molecular weight range indicated for Airvol®-203 contradicts the teaching of the patent in suit which places an upper limit of 13,000 to the molecular weight?

Furthermore, the data in Example 5 appear to be inconsistent in themselves. For example, Airvol®-203 with an upper limit in number average molecular weight of 15,000 is effective in acrylate stabilization whereas Airvol®-205 with a lower limit in number average molecular weight of 15,000 is not effective. Thus, in one case a poly(vinyl alcohol) with a molecular weight of 15,000 is an effective acrylate stabilizer but in the other not. This in itself raises the question whether these commercial products are suitable to calibrate the method of measuring the molecular weight.

3.3.4 Also the fact that three major producers of poly(vinyl alcohol) did (or do) not mention the method of measurement when referring to the molecular weight of their products is not in itself an indication that a generally accepted method of measuring existed at the priority date of the patent in suit. Firstly, only D15 of the three cited documents D13 to D15 was published before the priority date of the patent in suit. Secondly, even two years after the priority date of the patent in suit another producer of poly(vinyl alcohol) still identifies the method of measurement, and, in addition, points to the relevance of the method of measurement (D6; point 3.3.2, above). In fact, the statement in D6 raises doubts whether such a commonly used method existed at all at the priority date of the patent in suit. And finally, even if one agrees on SEC as the commonly used method at the priority date of the patent in suit, the problem concerning the exact measuring conditions still remains (point 3.3.3, above). Thus, the argument of the respondent (proprietor) in this respect is not convincing.

3.3.5 The situation with regard to the determination of the molecular weight is further compounded by the fact that the teaching of the patent in suit apparently embraces possibilities which, although falling within the requirements of Claim 1, do not deliver the promised effect, ie acrylate stabilization at high solids. Thus, poly(vinyl alcohol) D has a degree of hydrolysis of 96.7% and a number average molecular weight of 7,000 to 13,000 (Table, page 5) and is therefore clearly within the scope of Claim 1. Nevertheless, it is marked comparative and fails to deliver a stable polymer emulsion. In fact, the polymer coagulated (paragraphs [0040] and [0041] in the patent in suit). The explanation given in paragraph [0041] that the poly(vinyl alcohol) employed is on the borderline of acceptable stabilizers is not convincing. Even if the skilled person would consider poly(vinyl alcohol) D being on the borderline of a substantially fully hydrolyzed poly(vinyl alcohol), it still meets the definition of the partially hydrolyzed poly(vinyl alcohol) of Claim 1, ie it has a degree of hydrolysis of at least 86% and a molecular weight of 7,000 to 13,000, and should therefore work.

Also the argument that occasional lack of success is generally acceptable cannot be applied to the present case where the implementation of the claimed invention largely depends on experiments a skilled person would have to carry out in order to find information missing in the patent in suit. Because of this occasional lack of success the skilled person would never be in a position to reliably verify the result of these tests because the failure of a particular partially hydrolyzed poly(vinyl alcohol) to deliver the promised effect cannot necessarily be linked to the molecular weight.

3.3.6 In summary, the patent specification not only lacks information with respect to the measuring method and/or measuring conditions for determining the molecular weight of the partially hydrolyzed poly(vinyl alcohol), it is also not possible for the skilled person to retrieve the missing information in a reliable manner by reworking the examples or by carrying out own tests.

3.4 Under these circumstances, the skilled person is, in the board's view, not able, without undue burden, to carry out the invention of Claim 1 over the whole range claimed, in particular with respect to the partially hydrolyzed poly(vinyl alcohol) requiring a certain molecular weight. Hence, the requirements of sufficiency (Article 83 EPC) are not met.

Order

ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The patent is revoked.

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