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

    Patent knowledge

    Access our patent databases and search tools.

    Go to overview 

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

    UP search

    Learn about the Unitary Patent in patent knowledge products and services

  • Applying for a patent

    Applying for a patent

    Practical information on filing and grant procedures.

    Go to overview 

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

    UP

    Unitary Patent

  • Law & practice

    Law & practice

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

    Go to overview 

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

    legal text

    Legal texts

  • News & events

    News & events

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

    Go to overview 

     

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

    Podcast

    Listen to our podcast

  • Learning

    Learning

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

    Go to overview 

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

    European Patent Academy

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

  • About us

    About us

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

    Go to overview 

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

    about us

    Patent Index 2022

 
en de fr
  • Language selection
  • English
  • Deutsch
  • Français
Main navigation
  • Homepage
  • New to patents
    • Go back
    • Overview
    • What's your big idea?
    • Are you ready?
    • What to expect
    • How to apply for a patent
    • Your business and patents
    • Is it patentable?
    • Are you first?
    • Why do we have patents?
    • Patent quiz
    • Unitary patent video
  • Searching for patents
    • Go back
    • Overview
    • Technical information
      • Go back
      • Overview
      • Espacenet - patent search
        • Go back
        • Overview
        • National patent office databases
        • Global Patent Index (GPI)
        • Release notes
      • European Publication Server
        • Go back
        • Overview
        • Cross-reference index for Euro-PCT applications
        • EP authority file
        • Help
      • Searching Asian documents
      • EP full-text search
      • Bibliographic coverage in Espacenet and OPS
      • Full-text coverage in Espacenet
    • Legal information
      • Go back
      • Overview
      • European Patent Register
        • Go back
        • Overview
        • Release notes archive
        • Register documentation
          • Go back
          • Overview
          • Deep link data coverage
          • Federated Register
            • Go back
            • Overview
            • BG - Federated Register Service
            • GB - Federated Register Service
            • NL - Federated Register Service
            • MK - Federated Register Service
            • ES - Federated Register Service
            • GR - Federated Register Service
            • SK - Federated Register Service
            • FR - Federated Register Service
            • MT - Federated Register Service
          • Register events
      • European Patent Bulletin
        • Go back
        • Overview
        • Download Bulletin
        • EP Bulletin search
        • Help
      • European Case Law Identifier sitemap
      • Searching Asian documents
      • Third-party observations
    • Business information
      • Go back
      • Overview
      • PATSTAT
      • IPscore
        • Go back
        • Release notes
      • Patent insight reports
    • Data
      • Go back
      • Overview
      • Linked open EP data
      • Bulk data sets
        • Go back
        • Overview
        • Manuals
        • Sequence listings
        • National full-text data
        • European Patent Register data
        • EPO worldwide bibliographic data (DOCDB)
        • EP full-text data
        • EPO worldwide legal event data (INPADOC)
        • EP bibliographic data (EBD)
          • Go back
          • EBD files (weekly download) - free of charge
            • Go back
            • Secure EBD ST.36 files (weekly download) - for national patent offices only
        • Boards of Appeal decisions
        • EP full-text data for text analytics
      • Web services
        • Go back
        • Overview
        • Open Patent Services (OPS)
        • European Publication Server
      • Coverage, codes and statistics
        • Go back
        • Weekly updates
        • Updated regularly
    • Helpful resources
      • Go back
      • Overview
      • First time here? Patent information explained.
        • Go back
        • Overview
        • Basic definitions
        • Patent classification
          • Go back
          • Overview
          • Cooperative Patent Classification (CPC)
        • Patent families
          • Go back
          • Overview
          • DOCDB simple patent family
          • INPADOC extended patent family
        • Legal event data
          • Go back
          • Overview
          • INPADOC classification scheme
      • Asian patent information
        • Go back
        • Overview
        • China (CN)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Chinese Taipei (TW)
          • Go back
          • Overview
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • India (IN)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
        • Japan (JP)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Korea (KR)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Russian Federation (RU)
          • Go back
          • Overview
          • Facts and figures
          • Numbering system
          • Searching in databases
        • Useful links
      • Patent information centres (PATLIB)
      • Patent Translate
      • Patent Knowledge News
      • Business and statistics
      • Unitary Patent information in patent knowledge
  • Applying for a patent
    • Go back
    • Overview
    • European route
      • Go back
      • Overview
      • European Patent Guide
      • Oppositions
      • Oral proceedings
        • Go back
        • Oral proceedings calendar
          • Go back
          • Calendar
          • Public access to appeal proceedings
          • Public access to opposition proceedings
          • Technical guidelines
      • Appeals
      • Unitary Patent & Unified Patent Court
        • Go back
        • Overview
        • Unitary Patent
          • Go back
          • Overview
          • Legal framework
          • Unitary Patent Guide
          • Main features
          • Applying for a Unitary Patent
          • Cost of a Unitary Patent
          • Translation and compensation
          • Start date
        • Unified Patent Court
      • National validation
      • Extension/validation request
    • International route
      • Go back
      • Overview
      • Euro-PCT Guide
      • Entry into the European phase
      • Decisions and notices
      • PCT provisions and resources
      • Extension/validation request
      • Reinforced partnership programme
      • Accelerating your PCT application
      • Patent Prosecution Highway (PPH)
        • Go back
        • Patent Prosecution Highway (PPH) programme outline
      • Training and events
    • National route
    • MyEPO services
      • Go back
      • Overview
      • Understand our services
        • Go back
        • Overview
        • Online Filing 2.0 pilot
        • MyEPO Portfolio - pilot phase
        • Online Filing 2.0 pilot continuation
        • Exchange data with us using an API
      • Get access
        • Go back
        • Overview
        • Installation and activation
      • Find a professional representative
      • File with us
        • Go back
        • Overview
        • What if our online filing services are down?
        • Release notes
      • Interact on your files
      • Online Filing & fee payment outages
      • Tutorials
    • Fees
      • Go back
      • Overview
      • European fees (EPC)
        • Go back
        • Overview
        • Decisions and notices
      • International fees (PCT)
        • Go back
        • Reduction in fees
        • Fees for international applications
        • Decisions and notices
        • Overview
      • Unitary Patent fees (UP)
        • Go back
        • Overview
        • Decisions and notices
      • Fee payment and refunds
        • Go back
        • Overview
        • Payment methods
        • Getting started
        • FAQs and other documentation
        • Technical information for batch payments
        • Decisions and notices
        • Release notes
      • Warning
    • Forms
      • Go back
      • Request for examination
  • Law & practice
    • Go back
    • Overview
    • Legal texts
      • Go back
      • Overview
      • European Patent Convention
        • Go back
        • Overview
        • Archive
          • Go back
          • Overview
          • Documentation on the EPC revision 2000
            • Go back
            • Overview
            • Diplomatic Conference for the revision of the EPC
            • Travaux préparatoires
            • New text
            • Transitional provisions
            • Implementing regulations to the EPC 2000
            • Rules relating to Fees
            • Ratifications and accessions
          • Travaux Préparatoires EPC 1973
      • Official Journal
      • EPC Guidelines
        • Go back
        • Overview
        • Archive
      • PCT-EPO Guidelines
        • Go back
        • Overview
        • Archive
      • Guidelines revision cycle
      • Extension / validation system
      • London Agreement
      • National law relating to the EPC
        • Go back
        • Overview
        • Archive
      • Unitary Patent system
      • National measures relating to the Unitary Patent 
    • Court practices
      • Go back
      • Overview
      • European Patent Judges' Symposium
    • User consultations
      • Go back
      • Overview
      • Ongoing consultations
      • Completed consultations
    • Substantive patent law harmonisation
      • Go back
      • Overview
      • The Tegernsee process
      • Group B+
    • Convergence of practice
    • Options for professional representatives
  • News & events
    • Go back
    • Overview
    • News
    • Events
    • European Inventor Award
      • Go back
      • Overview
      • About the award
      • Categories and prizes
      • Meet the finalists
      • Nominations
      • Watch the 2023 ceremony
      • European Inventor Network
        • Go back
        • Activities granted in 2023
    • Press centre
      • Go back
      • Overview
      • Patent Index and statistics
      • Search in press centre
      • Background information
        • Go back
        • Overview
        • European Patent Office
        • Q&A on patents related to coronavirus
        • Q&A on plant patents
      • Copyright
      • Press contacts
      • Call back form
      • Email alert service
    • In focus
      • Go back
      • Overview
      • Firefighting technologies
        • Go back
        • Overview
        • Detection and prevention of fires
        • Fire extinguishing
        • Protective equipment
        • Post-fire restoration
      • Green tech in focus
        • Go back
        • Overview
        • About green tech
        • Renewable energies
        • Energy transition technologies
        • Building a greener future
      • CodeFest on Green Plastics
      • Clean energy technologies
        • Go back
        • Overview
        • Renewable energy
        • Carbon-intensive industries
        • Energy storage and other enabling technologies
      • IP and youth
      • Research institutes
      • Women inventors
      • Fighting coronavirus
        • Go back
        • Overview
        • Vaccines and therapeutics
          • Go back
          • Overview
          • Vaccines
          • Overview of candidate therapies for COVID-19
          • Candidate antiviral and symptomatic therapeutics
          • Nucleic acids and antibodies to fight coronavirus
        • Diagnostics and analytics
          • Go back
          • Overview
          • Protein and nucleic acid assays
          • Analytical protocols
        • Informatics
          • Go back
          • Overview
          • Bioinformatics
          • Healthcare informatics
        • Technologies for the new normal
          • Go back
          • Overview
          • Devices, materials and equipment
          • Procedures, actions and activities
          • Digital technologies
        • Inventors against coronavirus
      • Lifestyle
      • Space and satellites
        • Go back
        • Overview
        • Patents and space technologies
      • Healthcare
        • Go back
        • Overview
        • Medical technologies and cancer
        • Personalised medicine
      • Materials science
        • Go back
        • Overview
        • Nanotechnology
      • Mobile communications
      • Biotechnology
        • Go back
        • Overview
        • Red, white or green
        • The role of the EPO
        • What is patentable?
        • Biotech inventors
      • Classification
        • Go back
        • Overview
        • Nanotechnology
        • Climate change mitigation technologies
          • Go back
          • Overview
          • External partners
          • Updates on Y02 and Y04S
      • Digital technologies
        • Go back
        • Overview
        • About ICT
        • Hardware and software
        • Patents and standards
        • Artificial intelligence
        • Fourth Industrial Revolution
      • Additive manufacturing
        • Go back
        • Overview
        • About AM
        • AM innovation
      • Books by EPO experts
    • Podcast
  • Learning
    • Go back
    • Overview
    • European Patent Academy
      • Go back
      • Overview
      • Learning activities
      • Learning Paths
    • Professional hub
      • Go back
      • Overview
      • EPAC - European patent administration certification
      • EQE - European Qualifying Examination
        • Go back
        • Overview
        • Archive
        • Candidates successful in the European qualifying examination
        • Compendium
          • Go back
          • Overview
          • Pre-examination
          • Paper A
          • Paper B
          • Paper C
          • Paper D
    • Learning resources by area of interest
      • Go back
      • Overview
      • Patent granting
      • Technology transfer and dissemination
      • Patent enforcement and litigation
        • Go back
        • Overview
        • Patent enforcement in Europe
        • Patent litigation in Europe
    • Learning resources by profile
      • Go back
      • Overview
      • Business and IP managers
        • Go back
        • Overview
        • Innovation case studies
          • Go back
          • Overview
          • SME case studies
          • Technology transfer case studies
          • High-growth technology case studies
        • Inventors' handbook
          • Go back
          • Overview
          • Introduction
          • Disclosure and confidentiality
          • Novelty and prior art
            • Go back
            • Overview
            • Is the idea ‘obvious’?
            • Prior art searching
            • Professional patent searching
            • Simple Espacenet searching
            • What is prior art?
            • Why is novelty important?
          • Competition and market potential
            • Go back
            • Overview
            • Research guidelines
          • Assessing the risk ahead
            • Go back
            • Overview
            • Exploitation routes
            • Significant commercial potential
            • Significant novelty
            • What about you?
            • What if your idea is not novel but does have commercial potential?
          • Proving the invention
            • Go back
            • Overview
            • Help with design or redesign
            • Prototype strategy
          • Protecting your idea
            • Go back
            • Overview
            • Forms of IPR
            • Patenting strategy
            • The patenting process
          • Building a team and seeking funding
            • Go back
            • Overview
            • Building a team
            • Sources of funding
            • Sources of help for invention
          • Business planning
            • Go back
            • Overview
            • Constructing a business plan
            • Keep it short!
          • Finding and approaching companies
            • Go back
            • Overview
            • First contact
            • Meetings
          • Dealing with companies
            • Go back
            • Overview
            • Advance or guaranteed payment
            • Companies and your prototype
            • Full agreement – and beyond
            • Negotiating a licensing agreement
            • Reaching agreement
            • Royalties
        • Best of search matters
          • Go back
          • Overview
          • Tools and databases
          • EPO procedures and initiatives
          • Search strategies
          • Challenges and specific topics
        • Support for high-growth technology businesses
          • Go back
          • Overview
          • For IP professionals
          • For business decision-makers
          • For stakeholders of the innovation ecosystem
        • IP clinics
      • EQE Candidates
        • Go back
        • Overview
        • Coffee-break questions
        • Daily D questions
        • European qualifying examination - Guide for preparation
      • Judges, lawyers and prosecutors
        • Go back
        • Overview
        • Compulsory licensing in Europe
        • The jurisdiction of European courts in patent disputes
      • National offices and IP authorities
        • Go back
        • Overview
        • Learning material for examiners of national officers
        • Learning material for formalities officers and paralegals
      • Patent attorneys and paralegals
      • Universities, research centres and TTOs
        • Go back
        • Overview
        • Academic Research Programme
          • Go back
          • Overview
          • Completed research projects
          • Current research projects
        • Pan-European Seal Young Professionals Programme
          • Go back
          • Overview
          • For students
          • For universities
            • Go back
            • Overview
            • IP education resources
            • University memberships
          • Our young professionals
          • Professional development plan
        • IP Teaching Kit
          • Go back
          • Overview
          • Download modules
        • Intellectual property course design manual
  • About us
    • Go back
    • Overview
    • The EPO at a glance
    • 50 years of the EPC
      • Go back
      • Overview
      • 50 Leading Tech Voices
      • Kids’ collaborative art competition
    • Legal foundations and member states
      • Go back
      • Overview
      • Legal foundations
      • Member states
        • Go back
        • Overview
        • Member states by date of accession
      • Extension states
      • Validation states
    • Governance
      • Go back
      • Overview
      • Communiqués
        • Go back
        • Overview
        • 2022
        • 2021
        • 2020
        • 2019
        • 2018
        • 2017
        • 2016
        • 2015
        • 2014
        • 2013
      • Calendar
      • Documents and publications
        • Go back
        • Overview
        • Select Committee documents
      • Administrative Council
        • Go back
        • Overview
        • Composition
        • Representatives
        • Rules of Procedure
        • Board of Auditors
        • Secretariat
        • Council bodies
    • Principles & strategy
      • Go back
      • Overview
      • Mission, vision, values & corporate policy
      • Strategic Plan 2028
      • Towards a New Normal
      • Data protection & privacy notice
    • Leadership & management
      • Go back
      • Overview
      • About the President
      • Management Advisory Committee
    • Procurement
      • Go back
      • Overview
      • Procurement forecast
      • Doing business with the EPO
      • Procurement procedures
      • About eTendering
      • Procurement portal
        • Go back
        • Overview
        • e-Signing contracts
      • Invoicing
      • General conditions
      • Archived tenders
    • Services & activities
      • Go back
      • Overview
      • Our services & structure
      • Quality
        • Go back
        • Overview
        • Foundations
          • Go back
          • Overview
          • European Patent Convention
          • Guidelines for examination
          • Our staff
        • Enabling quality
          • Go back
          • Overview
          • Prior art
          • Classification
          • Tools
          • Processes
        • Products & services
          • Go back
          • Overview
          • Search
          • Examination
          • Opposition
          • Continuous improvement
        • Quality through networking
          • Go back
          • Overview
          • User engagement
          • Co-operation
          • User satisfaction survey
          • Stakeholder Quality Assurance Panels
        • Patent Quality Charter
        • Statistics
          • Go back
          • Overview
          • Search
          • Examination
          • Opposition
      • Consulting our users
        • Go back
        • Overview
        • Standing Advisory Committee before the EPO (SACEPO)
          • Go back
          • Overview
          • Objectives
          • SACEPO and its working parties
          • Meetings
          • Single Access Portal – SACEPO Area
      • Our user service charter
      • European and international co-operation
        • Go back
        • Overview
        • Co-operation with member states
          • Go back
          • Overview
        • Bilateral co-operation with non-member states
          • Go back
          • Overview
          • Validation system
          • Reinforced Partnership programme
        • Multilateral international co-operation with IP offices and organisations
        • Co-operation with international organisations outside the IP system
      • European Patent Academy
        • Go back
        • Overview
        • Partners
      • Chief Economist
        • Go back
        • Overview
        • Economic studies
      • Ombuds Office
      • Reporting wrongdoing
    • Statistics and trends
      • Go back
      • Overview
      • Statistics & Trends Centre
      • EPO Data Hub
      • Clarification on data sources
    • Social responsibility
      • Go back
      • Overview
      • Environment
      • Art collection
        • Go back
        • Overview
        • The collection
        • Let's talk about art
        • Artists
        • Media library
        • What's on
        • Publications
        • Contact
    • History
      • Go back
      • Overview
      • 1970s
      • 1980s
      • 1990s
      • 2000s
      • 2010s
      • 2020s
    • Transparency portal
      • Go back
      • Overview
      • General
        • Go back
        • Overview
        • Annual Review 2022
          • Go back
          • Overview
          • Foreword
          • Executive summary
          • Goal 1: Engaged and empowered
          • Goal 2: Digital transformation
          • Goal 3: Master quality
          • Goal 4: Partner for positive impact
          • Goal 5: Secure sustainability
      • Human
      • Environmental
      • Organisational
      • Social and relational
      • Economic
      • Governance
  • Boards of Appeal
    • Go back
    • Overview
    • Decisions of the Boards of Appeal
      • Go back
      • Overview
      • Recent decisions
      • Selected decisions
    • Procedure
    • Annual reports
      • Go back
      • Overview
    • Organisation
      • Go back
      • Overview
      • President of the Boards of Appeal
      • Enlarged Board of Appeal
        • Go back
        • Overview
        • Pending referrals (Art. 112 EPC)
        • Decisions sorted by number (Art. 112 EPC)
        • Pending petitions for review (Art. 112a EPC)
        • Decisions on petitions for review (Art. 112a EPC)
      • Technical Boards of Appeal
      • Legal Board of Appeal
      • Disciplinary Board of Appeal
      • Presidium
        • Go back
        • Overview
        • Composition of the Presidium
          • Go back
          • Overview
          • Archive
    • Code of Conduct
    • Business distribution scheme
      • Go back
      • Overview
      • Technical boards of appeal by IPC in 2023
      • Archive
    • Annual list of cases
    • Communications
    • Publications
    • Case Law of the Boards of Appeal
      • Go back
      • Overview
      • Archive
    • Case Law from the Contracting States to the EPC
    • Oral proceedings
  • Service & support
    • Go back
    • Overview
    • Website updates
    • Availability of online services
      • Go back
      • Overview
    • FAQ
      • Go back
      • Overview
    • Publications
    • Ordering
      • Go back
      • Overview
      • Terms and conditions
        • Go back
        • Overview
        • Patent information products
        • Bulk data sets
        • Open Patent Services (OPS)
        • Fair use charter
    • Procedural communications
    • Useful links
      • Go back
      • Overview
      • Patent offices of member states
      • Other patent offices
      • Legal resources
      • Directories of patent attorneys
      • Patent databases, registers and gazettes
      • Disclaimer
    • Contact us
      • Go back
      • Overview
      • Filing options
      • Locations
      • Specific contact
      • Surveys
        • Go back
        • Overview
        • Search services
        • Examination services, final actions and publication
        • Opposition services
        • Patent filings
          • Go back
          • Overview
          • Detailed methodology
          • Archive
        • Online Services
        • Patent information
          • Go back
          • Overview
          • Innovation process survey
        • Customer services
        • Filing services
        • Website
        • Survey on electronic invoicing
        • Companies innovating in clean and sustainable technologies
    • Subscription centre
      • Go back
      • Overview
      • Subscribe
      • Change preferences
      • Unsubscribe
    • Official holidays
    • Forums
    • Glossary
Board of Appeals
Decisions

Recent decisions

Overview
  • 2023 decisions
  • 2022 decisions
  • 2021 decisions
https://www.epo.org/en/node/t041270eu1
  1. Home
  2. T 1270/04 (Polyacetoacetate based coatings/E.I. DU PONT DE NEMOURS) 16-04-2008
Facebook Twitter Linkedin Email

T 1270/04 (Polyacetoacetate based coatings/E.I. DU PONT DE NEMOURS) 16-04-2008

European Case Law Identifier
ECLI:EP:BA:2008:T127004.20080416
Date of decision
16 April 2008
Case number
T 1270/04
Petition for review of
-
Application number
99923213.5
IPC class
C09D 133/04
Language of proceedings
EN
Distribution
DISTRIBUTED TO BOARD CHAIRMEN (C)

Download and more information:

Decision in EN 37.4 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

Polyacrylics containing pendant acetoacetonate moieties

Applicant name
E.I. DU PONT DE NEMOURS AND COMPANY
Opponent name
-
Board
3.3.01
Headnote
-
Relevant legal provisions
European Patent Convention Art 54 1973
European Patent Convention Art 56 1973
European Patent Convention Art 84 1973
European Patent Convention Art 123(2)
European Patent Convention R 139
Keywords

Novelty - yes

Inventive step - yes - non obvious solution

Catchword
-
Cited decisions
T 0002/81
G 0003/89
G 0011/91
Citing decisions
-

I. This appeal lies from the decision of the examining division to refuse the European patent application No. 99 923 213.5, on the ground that the then pending main and first auxiliary requests lacked clarity and lacked novelty (Articles 84 and 54 EPC).

II. Claims 1 and 2 of the main request on which the refusal is based read as follows:

"1. A coating composition comprising:

a crosslinking component comprising a polyketimine having an average of at least two ketimine functionalities per polyketimine molecule; and

a binder component comprising:

a polyacetoacetate with a Tg in the range of 40ºC to 150ºC and having at least two acetoacetate functionalities, said polyacetoacetate being polymerized from a monomer mixture comprising an acetotacetate functionalized monomer and a methacrylate monomer, a styrene monomer, or a combination thereof, said methacrylate and styrene monomers each having a bulky pendant moiety, wherein a coating from said coating composition at a two-hour cure has a Persoz hardness of about greater than or equal to 60 for a dry film thickness of greater than or equal to 40 microns."

"2. A coating composition comprising:

a crosslinking component comprising a polyamine, a polyketimine, or a combination thereof, wherein said polyamine has an average of at least two amine functionalities per polyamine molecule and wherein said polyketimine has an average of at least two ketimine functionalities per polyketimine molecule; and

a binder component comprising:

a polyacetoacetate with a Tg in the range of from 55ºC to 150ºC and having at least two acetoacetate functionalities, said polyacetoacetate being polymerized from a monomer mixture comprising an acetoacetate functionalized monomer and a methacrylate monomer, a styrene monomer, or a combination thereof, said methacrylate and styrene monomers each having a bulky pendant moiety, wherein a coating from said coating composition at a two-hour cure has a Persoz hardness of about greater than or equal to 60 for a dry film thickness of greater than or equal to 40 microns."

III. The following documents have been cited by the examining division in its grounds of refusal. They are renumbered as follows:

(1) US-A-5,288,804

(3) WO-A-97/43325

IV. In its decision, the examining division held that the word "bulky" found in claims 1 and 2 rendered the claims unclear and could not be used to distinguish the claimed subject-matter from the prior art. It was also emphasized that "bulky monomers" incorporated into the polymers could be directly linked to a significant increase of the Tg of this polymer. Example 9 of document (3) was cited in that respect.

Furthermore, the examining division found the claimed subject-matter not novel vis-à-vis example 25 of document (1) in conjunction with the general Tg range of -10 to 100ºC for the polyacetoacetate disclosed in the description (see column 3, lines 17-24 of document (1)). Novelty could not be based only on the presence of "bulky pendent moieties" in the acetoacetate polymer as distinguishing feature.

V. In a first communication, the board drew the appellant's attention to the lack of clarity of the set of claims submitted with the statement of grounds of appeal and more particularly on claims 1, 2 and 10. The appellant's attention was also drawn to the presence of two independent claims of the same category, which did not seem to be justified. Moreover, novelty of claims 1 and 2 was not acknowledged vis-à-vis document (1) and inventive step was also questioned.

VI. In response, the appellant filed a new main request and two auxiliary requests.

VII. In a second communication, the board considered that the three requests might contain subject-matter, which extended beyond the original disclosure. Novelty was acknowledged vis-à-vis document (1) but inventive step, in view of document (2), US-A-4,772,680, cited in the description of the present application and introduced by the board, was still at stake.

The appellant's attention was drawn to the specific examples 4 and 11 of document (2). In the absence of any evidence showing an improvement, the solution to the technical problem defined as the provision of further coating compositions might have been obvious.

VIII. With a further letter received on 5 November 2007, the appellant submitted a new main request.

IX. Oral Proceedings before the board took place on 16 April 2008. After discussion of the claimed subject-matter, the main request was withdrawn and the appellant filed a new main request containing eight claims and a new first auxiliary request containing eight claims.

The sole independent claim of the main request (claim 1) reads as follows:

"1. Use of

a crosslinking component comprising a polyamine, a polyketimine or a combination thereof, wherein said polyamine has an average of at least two amine functionalities per polyamine molecule and wherein said polyketimine has an average of at least two ketimine functionalities per polyketimine molecule; and

a binder component comprising:

a polyacetoacetate with a Tg in the range of from 55ºC to 150ºC having at least two acetoacetate functionalities, said polyacetoacetate being polymerized from a monomer mixture comprising 5 to 90 weight percent of an acetoacetate functionalized monomer, based on the total weight of the binder component, and a methacrylate monomer, a t-butyl styrene monomer, or a combination thereof, wherein said methacrylate monomer is selected from the group consisting of isobornyl methacrylate, cyclohexyl methacrylate, t-butylcyclohexyl methacrylate, trimethylcyclohexyl methacrylate, t-butylmethacrylate, or a combination thereof,

for the preparation of coating composition that gives a coating having at a two-hour cure a Persoz hardness of about greater than or equal to 60 seconds for a dry film thickness of greater than or equal to 40 microns."

X. The appellant submitted in essence that the combination of the specific methacrylate monomers with functionalized acetoacetate monomers to make a polyacetoacetate binder, the latter combined with a crosslinking agent, led to a coating composition having good early-hardness properties and low VOC (volatile organic compound). Document (2) did not contain any correlation between early-hardness and the nature of the polyacetoacetate. Document (2) could therefore not lead the person skilled in the art to the currently claimed invention in an obvious manner.

XI. The appellant requested that the decision under appeal be set aside and that a patent be granted either on the basis of claims 1 to 8 of the main request or claims 1 to 8 of the first auxiliary request, both submitted during oral proceedings.

XII. At the end of the oral proceedings, the decision of the board was announced.

1. The appeal is admissible.

Main request

2. Amendments

2.1 claim 1

2.1.1 The word "seconds" as unit was introduced after the Persoz hardness value "60" in claim 1. The ASTM Test D4366 mentioned in the description on page 16, line 1 was cited to justify this amendment. A copy of the ASTM Test D4366 was submitted in support thereof.

Rule 139 EPC governs the present issue where the appellant submits that an error occurred in the claims and seeks correction of it. Such a correction can be allowable, when the following requirements are met:

(a) an error must be present in the documents filed at the EPO, and

(b) the correction must be obvious in the sense that it is immediately evident that nothing else would have been intended than what is offered as the correction.

In the application documents as originally filed, the value given for the Persoz hardness does not have any unit. To justify the presence of an error, the appellant referred to page 16, line 1 of the description, which mentions that the Persoz hardness is measured by a tested Model No. 5854 (under ASTM D4366 Test) and provided a copy of this ASTM norm. This document clearly shows that the hardness values obtained according to the Persoz method has time expressed in seconds as the unit (see left-hand column, last line).

Hence, the requirement (a) is met.

From the same passage of this document concerning the ASTM D4366 Test, it is immediately evident for the person skilled in the art, that the values given in the present application for the measurement of hardness are a time unit expressed in seconds. Since the description refers to the above cited ASTM norm (see page 16, line 1), the only unit, which can be envisaged, is the second.

Therefore, the requirement (b) is also fulfilled.

The proposed correction has been made in accordance with the requirements of rule 139 EPC (former rule 88 EPC 1973) and does not offend Article 123(2) EPC (see G 3/89 and G 11/91, EPO 1993, 117 and 125 respectively, points 2, 5 and 6).

2.1.2 In addition, the subject-matter of claim 1 of the main request results from several amendments with respect to claim 1 as originally filed.

Claim 1 is now a "use-claim" whereas claim 1 as originally filed was a "compound-claim". The board considers that not only the content of the first paragraph of the description (see page 1, lines 4 to 6 and more particularly "...two-component compositions suited for.." but also claim 12 as originally filed relating to a method for producing a coating on a substrate represent a clear and an unambiguous disclosure supporting the transformation of "compound- claim 1" into an "use-claim".

Furthermore, the expression "5 to 90 weight percent....the binder component" introduced into claim 1 is based on the wording of dependent claim 5 as originally filed.

Likewise, the replacement of the expression "styrene monomer having a bulky pendent moiety" by "t-butyl styrene monomer" is supported by the content of the description as filed (see page 11, line 31).

The replacement of the expression "said methacrylate ...bulky pendent moiety" by the list of specific methacrylate esters or a combination thereof is also supported by the content of the description as filed (see page 11, lines 26 to 29).

A specific range of Tg, i.e. 55ºC to 150ºC, for the polyacetoacetate has been introduced into claim 1. The appellant claimed that a basis for such an amendment is to be found on page 11, lines 10 to 12, which reads: "The polyacetoacetate has a Tg in the range of from 40ºC to 150ºC, preferably in the range of from 50ºC to 100ºC and more preferably in the range of from 55ºC to 90ºC". Although this specific range now defined is not mentioned per se, the value "55ºC" as lower value of a preferred range is mentioned and the value "150ºC" is also mentioned as the upper value of the general range. According to the established case law of the Boards of Appeal, in the case of a disclosure of a general range and a preferred range, a combination of the preferred narrower range and the part-range lying above the narrower range is unequivocally derivable from the original disclosure of the application und thus supported by it (see T 2/81, OJ EPO 1982, 394). The above mentioned range now present in claim 1 is therefore considered as supported by the description as originally filed.

2.2 Dependent claims

2.2.1 The subject-matter of claim 2 remains unchanged.

2.2.2 The subject-matter of current claim 3 is based on the content of the description (see page 11, lines 16 to 20). The range "from 10 weight percent to 90 weight percent" does not add any new subject-matter (see T 2/81, above).

2.2.3 The subject-matter of claim 5 is also based on the description as originally filed (see page 11, lines 21 to 25).

2.2.4 The subject-matters of claims 4, 6, 7 and 8 correspond to the original subject-matters of respectively claims 3, 8, 9 and 10.

2.3 Since all the amendments carried out by the appellant are based on the content of the description as originally filed, the main request fulfils the requirements of Article 123(2) EPC.

3. Clarity

One ground used by the examining division to refuse the current application was the lack of clarity due to the presence of the word "bulky" in the wording of the claims. Since this word has been replaced by the specific list of methacrylate derivatives (see claim 1), the board considers that the main request fulfils the requirements of clarity as set out in Article 84 EPC.

4. Novelty

4.1 Vis-à-vis document (1)

Document (1) discloses an ambient temperature curable coating composition comprising a first component including a compound comprising at least two acetoacetate groups and a second component including a compound comprising at least two groups which will react with an acetoacetate group, at least one of which is an aromatic aldimine (see column 2, lines 3 to 10). As comparative example, document (1) also includes example 25 (see column 17), which discloses a composition containing a polyacetoacetate and an aliphatic ketimine. Said polyacetoacetate is described in example 2 and results from the polymerization of acetoacetoxy ethyl methacrylate and glycidyl methacrylate, maleic anhydride, n-butyl acrylate and isobutyl methacrylate (see column 9).

The present claimed subject-matter differs, therefore, from the disclosure of document (1), except example 25, by the nature of the crosslinking agent (polyamine or polyketimine instead of aromatic aldimine) or with respect to example 25 due to the mandatory presence of the t-butyl styrene or the methacrylate monomer involved, i.e. isobornyl methacrylate, cyclohexyl methacrylate, t-butylcyclohexyl methacrylate, trimethylcylcohexyl methacrylate, t-butyl methacrylate or a combination thereof.

Thus, novelty over the disclosure of document (1) is established.

4.2 Vis-à-vis document (2)

Document (2) discloses a liquid coating composition based on a polyacetoacetate, a polyamine having primary and/or secondary amino groups and blocked with a ketone or an aldehyde having not more than 18 carbon atoms (See column 1, lines 6 to 10). The polyacetoacetate is an acetoacetate groups-containing addition polymer having a number average molecular weight of 1000-100.000, a glass transition temperature of 250º-370ºK, i.e. -23ºC-97ºC (see column 1, lines 23 to 27). The acetoacetate groups-containing addition polymer may also consist of an acrylic or methacrylic ester of a mono- or di- polyfunctional hydroxyl group having 1-18 carbon atoms (see column 1, lines 37 to 39) and/or copolymerizable monomers such as styrene, alpha-methyl styrene (see column 1, lines 42 to 43). The list of suitable acrylic or methacrylic esters given in column 2, lines 6 to 14 does not recite the methacrylate monomers set out in claim 1. Likewise the list of styrene monomers set out in document (2) does not disclose the t-butyl styrene monomer (see column 1, line 43).

Therefore, although the components used for the preparation of the coating composition as defined in claim 1, are encompassed in the disclosure of document (2), this document does not disclose unambiguously an addition polymer formed from a mixture comprising the methacrylate esters monomers or the t-butyl styrene monomer defined in claim 1. Furthermore, the absence in document (2) of the specific value of hardness present in claim 1 renders the subject-matter of claim 1 also novel vis-à-vis document (2).

4.3 Therefore, the main request fulfils the requirements of Article 54 EPC.

5. Inventive step

5.1 The currently claimed subject-matter relates to the use of a crosslinking agent and a binder comprising a polyacetoacetate obtained by polymerization of an acetoacetate functionalized monomer and a methacrylate and/or styrene monomer for the preparation of a solid fast-drying coating composition having at a two-hour cure a Persoz hardness of about greater than 60 seconds. The compositions so obtained enable to reduce the time-to-sand, before the coating can be sanded without fouling the sand paper, thereby increasing the number of repairs that can be performed in a day (see page 3, lines 11 to 14).

5.2 According to the established jurisprudence of the boards of appeal, it is necessary, in order to assess inventive step, to identify the closest prior art, to determine in the light thereof the technical problem which the invention addresses and successfully solves, and to examine the obviousness of the claimed solution to this problem in view of the state of the art. This problem-solution approach ensures the assessment of inventive step on an objective basis and avoids an ex post facto analysis.

5.3 The first step is thus to identify the closest prior art. According to the established jurisprudence of the boards of appeal, the closest prior art is a prior art document disclosing subject-matter aiming at the same objectives as the claimed invention and having the most relevant technical features in common, i.e. requiring the minimum of structural modifications (see Case Law of the Boards of Appeal of the EPO, 5th edition 2006, Section I.D.3.1., "Determination of the closest prior art in general", page 121).

5.3.1 Document (2) also discloses two-component coating compositions containing either polyamines (see column 2, line 55 to column 4, line 63) or polyketimines (see column 4, line 64 to column 5, line 10) and, as other component, a polyacetoacetate, which is an acetoacetate groups-containing addition polymer having a number average molecular weight of 1000-100.000 and a glass transition temperature of 250º to 370ºK (-23ºC to 97ºC) (see column 1, lines 23 to 27). Furthermore, the two-component coating compositions of document (2) aim at overcoming the unsatisfactory resistance to water and acids and the unsatisfactory resistance to outdoor exposure of the compositions of the prior art (see column 1, lines 16 to 19). It is also mentioned that the compositions described in document (2) can be applied to substrates in any suitable manner (see column 5, lines 33 to 34).

5.3.2 Document (1) concerns also two-component coating compositions (see column 2, lines 15 to 17) but these compositions contain as essential feature an aromatic aldimine. Only example 25 of document (1) mentions two-component coating compositions containing a ketimine but with different methacrylate monomers (see point 4.1 above), which is used as comparative example to show the advantages of the aldimine containing compositions.

5.3.3 The board concurs with the appellant, that document (2) represents the closest prior art, since it also discloses two-component coating compositions containing a ketimine and a polyacetoacetate, said compositions encompassing those set out in claim 1 of the current application and their use on substrates.

5.4 Thus, the technical problem that the claimed invention addresses and successfully solves is to be defined in the light of document (2).

5.4.1 The appellant submitted that starting from document (2), the technical problem underlying the present application could be seen in the use of a crosslinking component and a binder component to prepare coating compositions having early-hardness properties and a low viscosity.

5.4.2 Since the structural definition of the coating composition obtained by the use of the crosslinking agent and the binder defined in claim 1 is within the general disclosure of document (2), the board has no doubt that those compositions exhibit the same properties, namely resistance to water and acids and to outdoor exposure (see point 5.3.1 above). However, in addition to those properties which must remain in the long run once the coating is dry, the claimed subject-matter is also characterized by a functional feature defining the effect to be achieved, namely the use of a crosslinking agent and a binder, which leads to a fast-drying coating composition having at a two-hour cure a Persoz hardness of about greater than 60 seconds. The compositions so obtained enable to reduce the time-to-sand, before the coating can be sanded without fouling the sand paper, thereby increasing the number of repairs that can be performed in a day.

Therefore, the technical problem to be solved can be seen in the use of a crosslinking agent and a binder for the preparation of coating compositions, which, in addition to good properties in the long run (see previous paragraph), have at a two-hour cure a Persoz hardness of about greater than 60 seconds.

In this context, the board sees no need to follow the appellant's suggestion that the problem to be solved includes the feature that the coatings also have a low viscosity, since it is not necessary in the present case to formulate a more ambitious problem.

5.4.3 The solution proposed by the appellant is thus defined by the use of the specific components described in claim 1.

5.4.4 In view of the description, in particular the examples, the board considers it plausible that the technical problem has indeed been solved.

5.5 It remains to be decided, whether the claimed solution is or not obvious in view of the cited prior art.

5.5.1 During oral proceedings, the appellant put forward that the person skilled in the art would not have concluded from the disclosure of document (2), that the specific monomers used for the making of the polyacetoacetate polymers used as binder in compositions used in claim 1 could lead to compositions having the early hardness value mentioned in claim 1, since from document (2), no correlation could be made between the hardness value in conjunction with the nature of the polyacetoacetate and the early-hardness value with the late-hardness value.

5.5.2 As pointed out by the appellant, document (2) contains no information regarding the possibility of obtaining coating compositions having an early hardness. Example 4 describes a coating composition having a Tg of 56ºC and which has a hardness of 260 seconds after one day of drying but in the absence of any correlation between the hardness after two hours and after one day, this example does not give any hint towards the solution of the technical problem defined above.

Nor can the board find anything in the teaching of document (1) that undermines such a conclusion. Indeed, while being silent regarding the early hardness of the coating compositions, this document would deter the person skilled in the art from using a ketimine as cross-linking agent, since in view of example 25, the aromatic aldimines of document (1) outperform the ketimines as cross-linking agents at room temperature.

5.5.3 In view of the above, the person skilled in the art looking for a solution to the technical problem defined above would not have used, in view of the cited prior art, cross-linking components and binders as defined in claim 1 for preparing coating compositions having a two-hour cure Persoz hardness of about greater than 60 seconds. For this reason, claim 1 of the main request involves an inventive step in the sense of Article 56 EPC. For the same reasons, the dependent claims representing specific embodiments of claim 1 also involve an inventive step.

First auxiliary request

6. Since the main request is allowable, there is no need for the board to decide on this lower ranking request.

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

7. Although the board has come to the conclusion that the main request was to be allowed, it is noted that the description has still to be brought into conformity with the claims of the present request. Therefore, having regard to the fact that the function of the boards of appeal is primarily to give a judicial decision upon the correctness of the decision of the first instance, the board exercises its discretion under Article 111(1) EPC to remit the case to the first instance in order for the description to be adapted to the main request.

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 the first instance with the order to grant a patent with claims 1 to 8 of the main request submitted during oral proceedings and a description to be adapted.

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