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 0603/04 25-09-2006
Facebook X Linkedin Email

T 0603/04 25-09-2006

European Case Law Identifier
ECLI:EP:BA:2006:T060304.20060925
Date of decision
25 September 2006
Case number
T 0603/04
Petition for review of
-
Application number
96305828.4
IPC class
G01B 11/06
Language of proceedings
EN
Distribution
DISTRIBUTED TO BOARD CHAIRMEN (C)

Download and more information:

Decision in EN 80.36 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

System for determining the thickness and index of refraction of a film

Applicant name
Agilent Technologies, Inc.
Opponent name
-
Board
3.4.02
Headnote
-
Relevant legal provisions
European Patent Convention Art 52(1) 1973
European Patent Convention Art 54 1973
European Patent Convention Art 56 1973
European Patent Convention Art 109(1) 1973
European Patent Convention Art 113(1) 1973
European Patent Convention Art 113(2) 1973
European Patent Convention R 67 1973
European Patent Convention R 68(2) 1973
Keywords

Inventive step (yes)

Reimbursement of appeal fee (no: no substantial procedural violation) - refusal decision following re-opening and continuation of proceedings after interlocutory revision of a previous refusal decision tainted by a substantial procedural violation and reimbursement of the appeal fee; decision raising essentially the same substantive issues as the previous decision: ultra vires (no)

Catchword
-
Cited decisions
J 0032/95
T 0139/87
T 0047/90
T 0691/91
T 0219/93
T 0647/93
T 0808/94
T 0919/95
T 0939/95
T 0016/96
T 0142/96
T 0677/97
T 0685/98
T 1203/02
T 0861/03
T 1356/05
Citing decisions
-

I. The examining division refused European patent application No. 96305828.4 (publication No. 0762078) by a (first) decision dated 24 February 2003. The decision was issued after the applicant had submitted an amended set of claims in reply to the summons to oral proceedings, which were cancelled after the applicant announced that he would not attend the oral proceedings and requested a decision according to the state of the file. The grounds given in the decision consisted of a reference to the previous communications issued by the examining division. These communications referred to documents

D1: "Simultaneous thickness and group index measurement using optical low-coherence reflectometry", W. V. Sorin et al., IEEE Photonics Technology Letters (US), Vol. 4 (1992), No. 1; pages 105 to 107 (XP000244587),

D2: US-A-4647205,

D3: US-A-5341205, and

D4: "White-light interferometric thickness gauge", P. A. Flournoy et al., Applied Optics, Vol. 11 (1972), No. 9; pages 1907 to 1915 (XP002027922),

and contained, among other objections, a series of objections of lack of novelty and of lack of inventive step (Articles 52(1), 54 and 56 EPC) raised by the examining division with regard to previous sets of claims.

The applicant lodged an appeal against this decision. In the statement of grounds of appeal the applicant alleged that the decision "was not based on the state of the file at that time but upon a former version of the application which the applicant had abandoned" and submitted that for this reason the decision "contravenes the provisions of Article 113(2) EPC, representing a substantial procedural violation in accordance with the provisions of Rule 67 EPC". The applicant also submitted arguments in support of the patentability of the set of claims then on file, and requested the grant of a patent and the reimbursement of the appeal fee.

In reply to the appeal filed by the applicant, the examining division ordered interlocutory revision under Article 109 EPC on the grounds that the decision was tainted by a procedural violation, reimbursed the appeal fee pursuant to Rule 67 EPC, and reopened the first-instance examination proceedings.

The examining division subsequently summoned the applicant to attend oral proceedings in order to discuss the substantive merits of the case. In reply to the summons, the applicant submitted that the examining division failed to grant a patent following rectification of the decision and that the examining division did not have the jurisdiction to refuse to allow the entirety of the appeal nor to rectify only a part of the decision; in addition, by reiterating objections forming the grounds of the decision following rectification of that decision, the examining division failed to apply correctly the provisions of Article 109(1) EPC. The applicant submitted that the course of action followed by the examining division amounted to a substantial procedural violation, and requested cancellation of the oral proceedings and the grant of a patent.

The examining division informed the applicant that the oral proceedings were maintained. In reply, the applicant addressed a letter to the Legal Division of the EPO contesting the jurisdiction of the examining division to continue with the proceedings, informed the examining division that he would not attend oral proceedings and requested that the proceedings be continued in writing or that a decision according to the state of the file be reached.

Oral proceedings were held before the examining division in the absence of the applicant. Subsequently, the examining division refused the application by a decision dated 16 December 2003 on the grounds that the invention defined in the then valid set of claims did not involve an inventive step (Articles 52(1) and 56 EPC) with regard to the disclosure of documents D1 and D2.

The present appeal is against this second decision.

II. In the notice of appeal the appellant (applicant) requests that the decision under appeal be set aside in its entirety and a patent be granted. The appellant also requests the reimbursement of the appeal fee under Rule 67 EPC on the grounds that the examining division committed a substantial procedural violation in issuing the decision under appeal and that the proceedings had not been conducted with impartiality by the examining division.

The appellant also requested oral proceedings in the event that the Board would consider disposing of the appeal other than by setting aside the decision under appeal.

III. In a communication pursuant to Article 110(2) EPC the Board expressed its preliminary view on the appellant's case.

As regards the allowability of the request for grant, the Board noted some deficiencies in the then valid application documents and commented on the issue of inventive step of the claimed invention.

As regards the request for reimbursement of the appeal fee, the Board commented as follows:

"a) According to the established case law, an appeal is considered "well founded" under Article 109 EPC when amendments overcoming the reasons for the refusal of the application have been filed (T 139/87 (OJ EPO 1990, 68), point 4, T 47/90 (OJ EPO 1991, 486), point 6, and T 219/93, points 2.3 and 4 to 4.3), but also when the decision under appeal is tainted by a procedural violation affecting the decision itself (T 677/97, points 2.3, 2.4, 2.7 and 3 to 5, T 16/96, points 2 and 3, T 1203/02, points 2 to 4, T 808/94, points 4 to 7, T 685/98 (OJ EPO 1999, 346), points 5.1 to 5.3 and 6, and T 861/03, points 5 and 5.1), and in particular when the decision is not based on the then valid requests, in contravention of Article 113(2) EPC (T 647/93 (OJ EPO 1995, 132), point 2.6).

b) It is also established case law that when a decision is tainted by a procedural violation, the examining division has no discretion, but must rectify the decision pursuant to Article 109 EPC. Not granting interlocutory revision in such circumstances may even amount to a further procedural violation (see T 677/97 (supra), point 3, T 16/96 (supra), point 2.3, T 808/94 (supra), point 5, T 685/98 (supra), point 6.2, T 647/93 (supra), point 2.6).

c) As alleged by the appellant and as acknowledged by the examining division, the first decision was tainted by a procedural violation under Article 113(2) EPC. The Board does not dispute this finding, it even has doubts as to whether the decision was sufficiently reasoned within the meaning of Rule 68(2) EPC and whether the examining division took duly into account pursuant to Article 113(1) EPC the appellant's arguments in the reply letter preceding the decision, both of which may have amounted to two further procedural violations (T 1356/05, points 6, 17 and 18). In such circumstances, the examining division had no choice but to rectify the decision pursuant to Article 109 EPC, see paragraph b) above.

d) The arguments of the appellant and the case law cited by the appellant (in particular T 142/96, T 139/87 (supra), T 219/93 (supra) and T 939/95) are not considered pertinent in the present case. Firstly, they concern interlocutory revision, not in the case in which the decision is tainted by a procedural violation, but under the circumstances of the first alternative mentioned in paragraph a) above (see points 5.3 and 5.5 of T 142/96, point 3 of T 139/87, point 2.3 of T 219/93 and point 3.2.1 of T 939/95). Secondly, contrary to the appellant's contentions, interlocutory revision does not presuppose or require that the application is subsequently granted (see T 139/87, point 4, J 32/95 (OJ EPO 1999, 733), point 2.2.4, T 219/93 (supra), point 4.4, and T 919/95, point 2). This is in particular the case when the decision is rectified only by reason of a procedural violation since a fundamental procedural right - in particular that enshrined in Article 113(2) EPC - must be safeguarded irrespective of the substantive merits of the case (T 685/98 (OJ EPO 1999, 346), point 6.2). The Board also notes that decision T 691/91 also cited by the appellant recommends a practice (see point 10 of the reasons) that precisely corresponds with the procedure followed by the examining division in the present case.

In view of the above, the Board is of the preliminary opinion that the examining division proceeded correctly when rectifying the first decision under Article 109 EPC, and that the division was then entitled to reopen proceedings and had the competence to continue with the examination of the substantive merits of the case and to issue the (second) decision. It was certainly regrettable for the appellant that a procedural violation on the part of the examining division led to rectification of the decision and to reopening of proceedings in which the examining division maintained in essence its previous view on the substantive merits of the case, but the latter situation could hardly have been avoided if the procedural rights of the appellant were to be preserved; in any case, the procedural costs of the appellant were appropriately compensated by the reimbursement of the appeal fee ordered by the examining division.

The appellant has also questioned the impartiality and fairness of the examining division. However, the observations and allegations made by the appellant in this regard only concern the evaluation of facts by the examining division and in the preliminary view of the Board they are not sufficient to cast doubt on the impartiality of the examining division.

It follows that no procedural violation can be identified as affecting the decision under appeal in the present appeal proceedings. In particular, none of the circumstances referred to by the appellant would allow the conclusion that the examining division acted ultra vires in issuing the decision presently under appeal. In these circumstances, in the event that the Board finds the present appeal allowable, there would be no reason for reimbursing the (second) appeal fee under Rule 67 EPC as requested by the appellant."

IV. In reply to the Board's communication and to a telephone consultation with the rapporteur, the appellant filed by letter dated 5 July 2006 amended description pages 1 to 3, 3B, 4, 5 and 8 and by letter dated 13 July 2006 an amended set of claims 1 to 8, which together with description pages 6 and 7 and drawing sheets 1/5 to 5/5 as originally filed and pages 3A and 9 as filed with the letter dated 24 August 2001 constitute the present request of the appellant for the grant of a patent.

In the letter dated 5 July 2006 the appellant stated that he did not wish to have oral proceedings on the question of the alleged substantial procedural violation and that, as long as the Board was prepared to allow the appeal on the basis of the proposed amendments, no oral proceedings were necessary nor were requested under such circumstances.

V. Independent claims 1 and 5 according to the present request of the appellant read as follows:

"1. Apparatus (10) for measuring the thickness of the layers of a multi-layer transparent film (15; 216) having top and bottom surfaces and one or more internal layer interfaces, comprising means for generating a probe light signal from a low coherence light source (12) and for applying said probe light signal to the film; a partial reflector (25; 26) positioned on one side of the film so as to reflect a portion of said probe light signal; means (14, 16; 210, 212) for collecting light reflected by said reflector and the film; and a receiver (18) that receives said collected reflected light and that determines from only said collected reflected light the respective difference in optical path between light reflected by said partial reflector and light reflected by said top surface, by said bottom surface and by each of said internal layer interfaces of the film, the reflectivity of said partial reflector being greater than that of said internal layer interface or interfaces."

"5. A method of measuring the thickness of the layers of a multi-layer transparent film (15; 216) having top and bottom surfaces and one or more internal layer interfaces, comprising the steps of generating a probe light signal from a low coherence light source (12) and applying said probe light signal to the film (15); providing a partial reflector (25; 26) to reflect a portion of said probe light signal; collecting light reflected by the film (15) and said reflector; and determining from only said collected reflected light the respective difference in optical path between light reflected by said partial reflector and light reflected by said top surface, by said bottom surface and by each of said internal layer interfaces of the film (15)."

The request of the appellant includes dependent claims 2 to 4 and 6 to 8 referring back to claims 1 and 5, respectively.

VI. The arguments of the appellant in support of its requests are essentially the following:

Substantive matters

The measurement of the distances with reference to the partial reflector on the surface of the film provides a much simpler and more reliable determination of the thickness of the film and of its individual layers. In document D1 there is no disclosure of there being provided a partial reflector positioned on one side of the film so as to reflect a portion of the probe light signal and which is used in the determination of the thickness of a layer. Neither document D2 nor a combination of its teaching with that of document D1 would result in the claimed invention, and in particular in the specific operation of the partial reflector in the measurement of the thickness of the layers as claimed.

Reimbursement of the appeal fee

The examining division decided to rectify its earlier decision in accordance with the provisions of Article 109(1) EPC. However, instead of following the procedure of Article 109(1) EPC, the examining division issued a summons to attend oral proceedings raising objections against the claims that had been on file at that time and which had been the subject of the first appeal, the objections following the objections previously raised during the original examination proceedings. Article 109(1) EPC does not provide a department of first instance with the opportunity to revise its earlier decision and to correct any errors in it, while maintaining a substantial part of the objections raised in that earlier decision. This approach would undermine the appeal procedure and the appellant's right to have a decision of a first-instance department reviewed by a Board of Appeal, and would also unduly prolong the examination proceedings. Thus, in decision T 142/96 it was held that the practice of reopening examination after rectification was contrary to the principle of procedural economy underlying Article 109 EPC and so constituted a substantial procedural violation. The cited decision concurred with the earlier decision T 691/91 in that Article 109 EPC provides only two legally viable alternatives, to maintain or to annul the decision under appeal, and in that Article 109 EPC does not provide a third alternative of maintaining a previous decision, even if on the basis of another ground of objection. The fact that the rectified decision was incorrect by having been based upon an incorrect text (Article 113(2) EPC) does not detract from the fact that the only route provided for in Article 109(1) EPC is for rectification of the entirety of the decision under appeal. Consequently, the examining division, which chose to carry out re-examination of the application on exactly the same basis as it had prior to and for its first decision, was not entitled to reopen the proceedings as Article 109(1) EPC did not provide such route, with the consequence that the examining division did not have the authority to continue examination of the application as it had already come to a decision on this case on the basis of the same facts and grounds (T 139/87, T 219/93 and T 939/95).

The re-examination proceedings were not conducted by the examining division with an entirely open mind. In particular, there are serious concerns about the impartiality of an examining division which chooses to re-examine a case and an earlier decision it has reached since the division will be wary of criticising itself and is therefore more than likely to be tempted to seek to reassert its earlier decision rather than looking at the case with an open mind. In addition, the examining division did not demonstrate total impartiality to the applicant's case in view of statements such as "the receiver D1 is clearly adapted to ...", "not only could" in relation to what a skilled person might have done, and "when considering the successful teachings of D2" made in the decision under appeal, and also in view of the attempts by the examining division to extend the disclosure of the prior art to try to make it fall within the scope of the claims.

For these reasons, the proceedings culminating in the decision under appeal were tainted by a procedural violation that justifies the reimbursement of the appeal fee pursuant to Rule 67 EPC.

1. The appeal is admissible.

2. Amendments

After due consideration of the amendments made to the application documents according to the appellant's request, the Board is satisfied that the amended application documents comply with the formal requirements of the EPC, and in particular with those set forth in Article 123(2) EPC. More particularly, independent claims 1 and 5 are respectively based on independent claims 5 and 10 as originally filed together with the passages of the description on page 4, lines 8 and 9, and page 7, lines 2 to 7, and the disclosure with reference to Figures 1, 3 and 5; dependent claims 2 and 6 are respectively based on independent claims 1 and 6 as filed together with page 6, lines 15 to 17 and the disclosure with reference to Figure 2; and dependent claims 3, 4, 7 and 8 are based on dependent claims 2, 4, 7 and 9 as filed, respectively. Furthermore, the description has been appropriately amended and brought into conformity with the invention as defined in the claims (Article 84 EPC, second sentence and Rule 27(1)(c) EPC) and the pertinent prior art has been appropriately acknowledged in the introductory part of the description (Rule 27(1)(b) EPC).

3. Novelty

Novelty of the independent claims upon which the contested decision was based was not contested by the examining division and, as will be apparent in the following discussion on the issue of inventive step, the Board is also satisfied that the subject-matter of present independent claims 1 and 5 is novel over the available prior art (Articles 52(1) and 54 EPC).

4. Inventive step

4.1 Independent claim 5 is primarily directed to the measurement of the thickness of the layers of a multi-layer transparent film having one or more internal layer interfaces. This object is also addressed in document D2 (see column 5, lines 38 to 62), not however in document D1 which merely addresses the problem of the determination of the thickness of a film (abstract). Thus, among the documents considered by the examining division in the decision under appeal, the closest state of the art for the assessment of inventive step of the claimed subject-matter is considered to be represented by the disclosure of document D2.

4.2 In the embodiment disclosed in document D2 with reference to Figure 3 a first portion of a probe light from a low-coherence light source 21 (column 2, lines 58 to 62, and column 3, lines 24 and 25) is directed towards a reference mirror 23 (paragraph bridging columns 2 and 3) and a second portion is directed towards a transparent multilayer film (column 4, lines 29 to 31) located in front of a partial reflector 24 having a reflectivity greater than that of the internal layer interfaces of the film (column 4, lines 31 to 35 together with column 4, line 67 to column 5, line 5, and column 5, lines 38 to 42). The light reflected by each of the front surface, the rear surface and the internal layer interfaces of the film and by the partial reflector is then collected (column 3, lines 13 to 18) and brought into interference with the light reflected by the reference mirror (column 4, lines 35 to 38 together with column 5, lines 38 to 42). The resulting interference light is then detected by a detector 25 (column 3, lines 17 and 18) and the resulting detection signal is processed (column 3, line 19 to column 4, line 19) by a processing device (figure 2) so as to determine the relative positions of - and therefore the difference in optical path between -, on the one hand, the reference mirror and, on the other hand, each of the front surface, the rear surface and the internal layer interfaces of the film (column 3, lines 56 to 66, column 4, lines 35 to 66, column 5, lines 38 to 62,and column 6, lines 10 to 12 and 50 to 53). This determination step amounts to the measurement of the thickness of the layers of the multi-layer film (column 5, lines 40 to 42).

While in the method defined in independent claim 5 the measurement of the thicknesses of the multi-layer film relies on the detection and the processing of only the light reflected by the multi-layer film and the partial reflector, document D2 requires in addition light from a reference mirror. Thus, while document D2 relies on the interference between the reference light beam and the portions of light reflected by the partial reflector and by each of the external surfaces and the internal interfaces of the film, and the measurement of the thickness of the layers is based on the determination of the distances between the reference mirror and the external and the internal interfaces of the film, the method defined in independent claim 5 relies on a different interference and determination approach, namely on only the interference of the light reflected by the partial reflector and the light reflected by each of the external surfaces and the internal interfaces of the film with itself, and on the determination of the thickness of the layers on the basis of only the difference in optical path between the partial reflector and the external surfaces and internal interfaces of the film.

4.3 The problem solved over the disclosure of document D2 by the distinguishing features of the claimed method identified above can at least be seen in the provision of an alternative method of determination of the thickness of the layers of a multi-layer transparent film.

However, none of the remaining documents in the file discloses or suggests the interference and measurement approach defined in the method of claim 5. In particular, document D1 (abstract and Figures 1 and 2) considered by the examining division in the decision under appeal only concerns the determination of the thickness of a monolayer film and, in addition, relies on the interference between the light reflected by a transparent film and a reference light beam (the light beam reflected by mirror MM in Figure 2), i.e. contrary to the claimed method also requires the use of a reference light beam as is the case with document D2.

Document D3 (Figure 6 and the corresponding disclosure) and document D4 (Figures 4 and 5 and the corresponding disclosure) considered by the examining division during the examination proceedings disclose the determination of the thickness of a layer by an interferometric approach analogous to that of the claimed invention, i.e. without requiring a reference light beam. Nonetheless, the teaching of document D3 is confined to monolayer films (abstract) and is silent as to the use of a partial reflector operating as claimed. And although document D4 mentions the applicability of the disclosed measurement methods to multilayer films (Figures 6 and 7 and the corresponding disclosure), the document teaches at the most the use of a reflective beam splitter and only in connection with the simultaneous measurement of the thickness and the refractive index of a single film (Figure 8 and the corresponding disclosure). Thus, the application of the interferometric approach taught in document D3 or D4 to the disclosure of document D2 would not result in the use of a partial reflector operating as required by claim 5 nor in the improvements achieved therewith, namely the use of a reflector as a reference surface with respect to which the optical paths and therefore the positions of the external surfaces and the interfaces of the multi-layer film can be detected and measured with improved reliability (page 6, line 22 to page 7, line 22 of the description as originally filed).

4.4 In view of the above, the Board concludes that the method defined in independent claim 5 involves an inventive step with regard to the available prior art (Articles 52(1) and 56 EPC). The same conclusion applies to claim 1, which defines an apparatus for measuring the thickness of the layers of a multi-layer transparent film and comprising means the functional features of which are essentially in one-to-one correspondence with the different steps of the method of claim 5, and also to dependent claims 2 to 4 and claims 6 to 8 directed to particular embodiments of the subject-matter of claims 1 and 5, respectively.

5. Request for reimbursement of the appeal fee

The appellant has requested the reimbursement of the appeal fee pursuant to Rule 67 EPC on the grounds that the examining division was not correct in rectifying under Article 109 EPC the previous decision to refuse the application with the consequence that the examining division did not have the competence to reopen and continue examination proceedings that ended in the second decision to refuse, the subject of the present appeal. The appellant has also raised criticisms against the impartiality of the examining division.

In the communication pursuant to Article 110(2) EPC the Board explained in detail (see point III above) why in its preliminary opinion none of the circumstances alleged by the appellant amounted to a procedural violation affecting the decision under appeal in the present appeal proceedings. In particular, the Board did not see any circumstance that would allow the conclusion that the examining division acted ultra vires in issuing the decision presently under appeal or acted with partiality in the assessment of the substantive issues of the case.

In reply to the Board's communication, the appellant did not dispute the view expressed by the Board on a preliminary basis nor submitted counter-arguments or comments on the reasons given by the Board.

In these circumstances, and in the absence of any attempt by the appellant to refute the Board's preliminary opinion expressed in the aforementioned communication, the Board sees no reason to depart from that opinion and concludes that there is no reason for reimbursing the (second) appeal fee under Rule 67 EPC as requested by the appellant for the reasons already communicated in detail to the appellant and reproduced in point III above.

6. Request for oral proceedings

With the statement of grounds of appeal the appellant requested oral proceedings under Article 116 EPC in the event that the Board would consider disposing of the appeal other than by setting aside the decision under appeal (point II above), and with a subsequent letter the appellant announced that he did not wish to have oral proceedings on the question of the alleged substantial procedural violation and confirmed that no oral proceedings were necessary nor requested as long as the Board allows the appeal on the basis of the proposed amendments (point V above).

In view of the request for oral proceedings formulated by the appellant and the fact that the appellant has had due opportunity to comment on the Board's preliminary view on the issue of the reimbursement of the appeal fee (Article 113(1) EPC), and since the decision is being set aside and a patent granted, the Board has considered it neither necessary nor appropriate to hold oral proceedings under Article 116 EPC for the sole purpose of discussing the request for reimbursement of the appeal fee.

Order

ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the department of first instance with the order to grant a patent on the basis of the following application documents:

- claims 1 to 8 as filed with the letter dated 13 July 2006,

- description pages 6 and 7 as originally filed, pages 3A and 9 as filed with the letter dated 24 August 2001, and pages 1 to 3, 3B, 4, 5 and 8 as filed with the letter dated 5 July 2006, and

- drawing sheets 1/5 to 5/5 as originally filed.

3. The request for reimbursement of the appeal fee is refused.

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