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/t122344eu1
  1. Home
  2. T 2344/12 (Platinum fuel cell catalyst/CATALER) 25-08-2015
Facebook Twitter Linkedin Email

T 2344/12 (Platinum fuel cell catalyst/CATALER) 25-08-2015

European Case Law Identifier
ECLI:EP:BA:2015:T234412.20150825
Date of decision
25 August 2015
Case number
T 2344/12
Petition for review of
-
Application number
07741065.2
IPC class
H01M 4/92
H01M 4/96
Language of proceedings
EN
Distribution
NO DISTRIBUTION (D)

Download and more information:

Decision in EN 329.97 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

FUEL CELL ELECTRODE CATALYST WITH REDUCED NOBLE METAL AMOUNT AND SOLID POLYMER FUEL CELL COMPRISING THE SAME

Applicant name

Cataler Corporation

TOYOTA JIDOSHA KABUSHIKI KAISHA

Opponent name
-
Board
3.3.05
Headnote
-
Relevant legal provisions
European Patent Convention Art 83
Keywords

Sufficiency of disclosure - main and first to fourth auxiliary requests (no)

Sufficiency of disclosure - Incomplete teaching for performing the invention over the whole area claimed

Sufficiency of disclosure - fifth auxiliary request (yes); closed range; usual parameter; evidence for a measuring method

Catchword
-
Cited decisions
T 0409/91
T 0435/91
T 1743/06
T 0641/07
T 1276/08
T 0045/09
Citing decisions
T 0113/19
T 0615/19

I. This appeal lies from the decision of the examining division refusing European patent application

No. 07 741 065.2 in its version as filed with letter dated 13 March 2012 on the grounds that it did not meet the requirements of Article 83 EPC.

Claim 1 of the main request underlying the decision - which concerned also auxiliary requests 1 to 3 - read as follows:

"1. A fuel cell electrode comprising a catalyst comprising a conductive carrier and catalytic metal particles wherein the catalytic metal is platinum or a platinum alloy in the amount of at most 0.0001 mg per

1 cm**(2) of the electrode and the conductive carrier

has a specific surface area of at least 650 m**(2)/g, characterized in that the CO adsorption amount of the electrode catalyst is at least 38 mL/g.Pt."

All claims 1 of auxiliary requests 1 to 3 contained the open range "at least 38 mL/g.Pt".

II. In the contested decision, the examining division held the invention to be insufficiently disclosed because of the information gap regarding the method for measuring the CO adsorption amount, in particular as regards the temperature and pressure at which the volume of adsorbed CO in mL/g.Pt was to be determined and the conditions of the pretreatment of the catalyst prior to CO adsorption. Furthermore, document

D7: G. Ertl et al.: "Handbook of Heterogeneous Catalysis", 1997, vol. 2, pages 442 to 446

showed that various methods were available and there was no evidence that they all led to the same result or that one particular method was the method of choice.

III. The following documents known from the first-instance proceedings are of relevance for the present decision:

D1: T. TADA: "High dispersion catalysts including novel carbon supports", Handbook of Fuel Cells - Fundamentals, Technology and Applications,

volume 3, chapter 38, pages 481 to 485 (2003)

D2: US 2003/044655

IV. With the statement of grounds of appeal of 1 October 2012, the applicants (now "appellants") filed a new document:

D9: T. Hattori et al.: "Standardization of Catalyst

Test Methods by the Committee on Reference Catalyst of the Catalyst Society of Japan", Studies in Surface Science and Catalysts, Vol. 31, PREPARATION OF CATALYSTS IV - Scientific Bases for the Preparation of Heterogeneous Catalysts,

May 1987, pages 815 to 826

and contested the conclusions of the department of first instance, arguing in particular that the skilled person was taught from D9 that all existing methods yielded the same result and that he would therefore apply the standardised method described therein.

The subject-matter of the four requests underlying the grounds of appeal was identical to that of the requests underlying the decision.

Claim 1 of the first auxiliary request differs from claim 1 of the main request in that the fuel cell electrode is specified as being a "solid polymer" fuel cell electrode.

Claim 1 of the second and third auxiliary requests differs from the respective claim 1 of the main request and first auxiliary request in that the feature "or a platinum alloy" has been deleted.

V. On 1 September 2014, the board sent a communication raising in particular the question whether the method described in D9, in which the catalysts were based on silica or alumina supports and which required a calcination step with oxygen, was applicable to the carbon-supported catalysts of the invention.

VI. With a letter dated 30 December 2014, the appellants filed observations accompanied by a new document

D10: M. Fadoni et al.:"Temperature programmed desorption, reduction, oxidation and flow chemisorption for the characterisation of heterogeneous catalysts. Theoretical aspects, instrumentation and applications", Studies in Surface Science and Catalysis, vol. 120, pages 177 to 225

and an auxiliary request 4, claim 1 of which reads as follows:

"1. A solid polymer fuel cell electrode comprising a catalyst comprising a conductive carrier and catalytic metal particles wherein the catalytic metal is platinum [deleted: or a platinum alloy] in the amount of between 0.00001 and [deleted: at most] 0.0001 mg per 1 cm**(2) of the electrode and the conductive carrier has a specific surface area of at least 650 m**(2)/g, characterized in that the CO adsorption amount of the electrode catalyst is at least

38 mL/g.Pt."

VII. With a further communication dated 4 May 2015, the board acknowledged the method described in D9 as being standard in the technical field concerned.

Bearing in mind that the application was silent as to the method of preparation of the catalysts according to examples 2, 3 and 5, the board raised the question as to whether the skilled person was able to reproduce the invention over the whole scope of protection claimed.

VIII. With letter of 24 July 2015, the appellants submitted a set of observations along with three sets of amended claims as auxiliary requests 5 to 7.

Claim 1 of auxiliary request 5 reads as follows:

"1. A fuel cell electrode comprising a catalyst comprising a conductive carrier and catalytic metal particles wherein the catalytic metal is platinum in the amount of at most 0.0001 mg per 1 cm**(2) of the electrode and the conductive carrier has a specific surface area of at least 650 m**(2)/g, characterized in that the CO adsorption amount of the electrode catalyst is at least 38 and at most 67.6 mL/g.Pt."

IX. At the oral proceedings which took place on 25 August 2015, the discussion focused on Article 83 EPC issues.

X. At the closing of the debate, the chairman established the appellants' requests to be that the decision under appeal be set aside and that a patent be granted on the basis of the set of claims of the main request or, alternatively, on the basis of the set of claims of one of the auxiliary requests 1 to 3, all requests filed with the statement of grounds of appeal dated 1 October 2012, or on the basis of the set of claims of auxiliary request 4 filed with letter dated 30 December 2014, or on one of the set of claims of auxiliary requests 5 to 7 filed with letter dated 24 July 2015.

Article 83 EPC

1. Insufficiency of disclosure of the invention -

statutory law and case law of the boards of appeal

It is established case law that the requirements under Article 83 EPC for sufficiency of disclosure are met:

(a) if the claimed invention could be performed at the filing date of the application by a person skilled in the art in the whole area claimed without undue burden, using common general knowledge and having regard to further information given in the patent in suit (see e.g. T 0409/91, OJ 1994, 653, point 3.5 of the reasons; T 0435/91, OJ 1995, 188, point 2.2.1 of the reasons; T 1743/06, point 1.1 of the reasons);

(b) when the definition of the claimed invention moreover includes one or more parameters, the skilled person should also be able to check whether the parameters are complied with while the invention is carried out (see e.g. decisions T 0045/09, points 1.1 and 1.3 of the reasons; T 1276/08, point 1.1 of the reasons; T 0641/07, point 1 of the reasons).

1.1 Limitation in teaching over the whole area claimed

(main request, auxiliary requests 1 to 4)

1.1.1 Regarding condition (a), the board observes that the application (pages 7 and 8) discloses in detail the preparation of two catalysts (examples 1 and 4) falling under the wording of the claimed invention.

In its communication of 4 May 2015, the board raised the question as to whether the patent provided sufficient guidance to the skilled person to perform the invention in the whole area claimed, in particular because of the open-ended range defined in claim 1 of the first five requests on file.

1.1.2 The appellants argued that CO adsorption amounts, higher than those obtained in the examples, could be obtained by reducing the platinum concentration on the supporting material and by using larger amounts of water during its preparation.

The board cannot accept this argument as there is no evidence on file that this assertion is valid for the whole area claimed. Examples 1, 2, 3 and 5 of the application even appear to show the contrary, since the CO adsorption amount can be varied without reducing the platinum concentration on the support.

In this context, i.e. in the absence of evidence that it was common general knowledge to prepare catalysts having a CO adsorption amount greater than 67.6 mL/g.Pt, and in the absence of guidance in the application documents as to how such catalysts could be prepared, the definition of the claimed catalyst by means of an open-ended limit ("at least 38 mL/g.Pt") is contrary to the case law on Article 83 EPC, i.e. that the skilled person should be able to carry out the invention over the whole scope of protection claimed.

1.1.3 The above conclusion concerns not only the main request but also the first to fourth auxiliary requests, which contain the same open-ended feature, and which therefore are not allowable.

1.2 Missing measuring method (main request and auxiliary request 1)

1.2.1 Regarding condition (b), with respect to the main request and the first auxiliary request (which define the catalytic metal as being inter alia a "platinum alloy"), the board notes that there is an information gap in the application in the sense that it does not indicate how the CO adsorption is to be measured when the metal(s) in the alloy is(are) Pd, Ru, Rh and/or Ir which - as can be seen from document D10 (Table 3) - are CO adsorbents, too.

For the board, when several CO-adsorbing metals are present on the surface of a catalyst, the application should indicate a method to determine the CO adsorption of each individual metal. Otherwise it becomes impossible to specifically determine or calculate the CO adsorption amount for the platinum.

1.2.2 The appellants' representative argued that the claimed subject-matter should be interpreted as involving only traces or impurities of an alloying metal.

The board cannot accept this argument. Firstly, it is not supported by the application. Secondly, claim 1 of the main and first auxiliary requests respectively clearly includes the possibility of having substantial amounts of the alloying metal(s).

1.2.3 It follows from the above considerations that in view of this information gap in the application as filed, the requirements of Article 83 EPC are also not met for the two requests containing this feature.

2. Sufficiency of disclosure of the invention - fifth auxiliary request

2.1 Closed range

In contrast to claims 1 of the previous requests, claim 1 of this request defines the CO adsorption amount by means of a closed range, namely "at least 38 and at most 67.6 mL/g.Pt" .

2.2 Sufficient guidance

With respect to this claim, the board (see letter of 4 May 2015) raised the question as to whether the patent provided sufficient guidance to the skilled person to perform the invention in the whole claimed range, even though the application is silent as to the preparation of the catalysts according to Examples 2, 3 and 5, which have a CO adsorption (in mL/g.Pt) of 51.4, 62.6 and 38.3 respectively.

The appellants argued that guidance for the preparation of catalysts having a CO adsorption falling within the range defined in the claims was given in the passage at page 7, lines 25 to 27 of the application as filed.

The board does accept this argument, since the above passage discloses that the use of larger amounts of water than in the method of preparing the catalyst according to example 1 - which has a CO adsorption amount of 40.1 mL/g.Pt - would indeed improve the dispersion of the platinum.

Since the CO adsorption amount is correlated with the surface area of the platinum (application, page 6, lines 23 to 26), and thus with its dispersion state, the board is satisfied with this explanation, and it is credible that the application provides sufficient guidance for the skilled person to reproduce, without undue burden, the invention over the entire scope of protection claimed.

2.3 Usual parameter and its measuring method

The board furthermore notes that the parameter "CO adsorption amount of the electrode catalyst" is not an unusual parameter since there are plenty of documents (see in particular documents D1, D2 and D9) showing its use for characterising platinum-based catalysts.

Document D9 moreover discloses a standardised method for measuring this parameter on platinum catalysts supported on ceramic substrates, and in particular on platinum catalysts supported on silica or alumina. In view of the explanation in paragraph 6.2.1 at page 212 of document D10, the appellants argued that the skilled person would adapt the standardised method developed in D9 to platinum catalysts supported on carbon substrates. The skilled person knows that he merely has to leave out oxygen in the pretreatment step in order to prevent the carbon support from burning out. For the board, this appears credible.

It follows that the board cannot accept the arguments underlying the examining division's decision to refuse the present application (see point II above). The board is aware that the examining division was not in possession of documents D9 and D10.

2.4 Conclusion

It follows from the above considerations that the board is not only convinced that the skilled person was able to perform the claimed invention at the filing date of the application but also that he was able to check whether the the parameter "CO adsorption amount of the electrode" was complied with while the invention is carried out.

Insofar as the claims according to auxiliary request 5 define the CO adsorption amount by means of a closed range, the requirements of Article 83 EPC are met.

3. Remittal

As the contested decision concerned only Article 83 EPC issues, the board exercises its discretion under Article 111(1) EPC and remits the case to the department of first instance for further examination.

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 for further prosecution on the basis of the set of claims of auxiliary request 5 dated 24 July 2015.

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