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

    Patent knowledge

    Access our patent databases and search tools.

    Go to overview 

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

    UP search

    Learn about the Unitary Patent in patent knowledge products and services

  • Applying for a patent

    Applying for a patent

    Practical information on filing and grant procedures.

    Go to overview 

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

    UP

    Unitary Patent

  • Law & practice

    Law & practice

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

    Go to overview 

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

    legal text

    Legal texts

  • News & events

    News & events

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

    Go to overview 

     

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

    Podcast

    Listen to our podcast

  • Learning

    Learning

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

    Go to overview 

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

    European Patent Academy

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

  • About us

    About us

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

    Go to overview 

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

    about us

    Patent Index 2022

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

Recent decisions

Overview
  • 2023 decisions
  • 2022 decisions
  • 2021 decisions
https://www.epo.org/en/node/t140216eu1
  1. Home
  2. T 0216/14 19-07-2018
Facebook Twitter Linkedin Email

T 0216/14 19-07-2018

European Case Law Identifier
ECLI:EP:BA:2018:T021614.20180719
Date of decision
19 July 2018
Case number
T 0216/14
Petition for review of
-
Application number
09150426.6
IPC class
B65D 71/00
B65D 85/16
B65B 25/14
B65B 63/02
Language of proceedings
EN
Distribution
NO DISTRIBUTION (D)

Download and more information:

Decision in EN 409.48 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

Package for mineral wool products, modules to form such package and process to manufacture such a package

Applicant name
URSA Insulation, S.A.
Opponent name
Saint-Gobain Isover G+H AG
Board
3.2.07
Headnote
-
Relevant legal provisions
European Patent Convention Art 54(1)
European Patent Convention Art 56
Keywords

Evidence - public prior uses

Novelty - (yes)

Inventive step - (yes)

Catchword
-
Cited decisions
G 0003/14
G 0001/99
Citing decisions
-

I. The appellant (patent proprietor) lodged an appeal in the prescribed time period and in the prescribed form against the decision of the Opposition Division to maintain European patent No. 2 206 656 in amended form.

The opposition had been filed against the patent as a whole and was based on Article 100(a) EPC (lack of novelty and lack of inventive step).

The Opposition Division held:

- that the documents D1 (=EP 0 220 980 B) and D2 (=EP 1 321 382 A) were both regarded as neither anticipating nor leading in an obvious manner to the claimed subject-matter of the independent claims 1, 15 and 17 of the then main request (patent as granted);

- that the subject-matter of claim 1 of the then main request (patent as granted) was not novel over each of the two sufficiently proven public prior uses in Poland and in Belgium/The Netherlands and the subject-matter of claims 15 and 17 was not novel over the public prior use in Poland;

- that the subject-matter of claims 1 of the then auxiliary requests I, II and III was not inventive over said prior uses, each taken as closest prior art, in view of the skilled person's common general knowledge, and the subject-matter of claim 15 of the then auxiliary request I was not novel over the public prior use in Poland; and

- that the then auxiliary request IV, filed as auxiliary request X with letter dated 30 August 2013 fulfilled the requirements of the EPC.

II. Prior to the oral proceedings the Board provided the parties with its preliminary non-binding opinion on the main request (patent as granted) and on the auxiliary requests I to XI which had been filed by the appellant with its statement setting out the grounds of appeal and its letter dated 12 February 2016. As a reaction, the appellant filed further requests (main request a and auxiliary requests Ia to XIa) with letter of 26 June 2018.

At the oral proceedings, which took place on 19 July 2018, the appellant filed a new request IVb and withdrew all its other requests.

For further details of the course of the oral proceedings, reference is made to the minutes.

The order of the present decision was announced at the end of the oral proceedings.

III. The appellant requested

that the decision under appeal be set aside and

that the patent be maintained on the basis of the set of claims of the (single) request IVb and the corresponding amended description filed during the oral proceedings on 19 July 2018.

IV. The respondent requested

that the appeal be dismissed.

V. Claims

Independent claims 1, 16 and 18 of the appellant's single request IVb correspond to the alternative relating to rolls in claims 1, 14 and 16, respectively, of the then auxiliary request IV upheld by the Opposition Division, see impugned decision, point 14. Since the patent proprietor is the only appellant and the subject-matters of these claims 1, 16 and 18 of request IVb are present in the patent as upheld by the Opposition Division, said claims cannot be reviewed in appeal proceedings in view of the prohibition of reformatio in peius (G 1/99, OJ EPO 2001, 381).

As a consequence, as also acknowledged by the parties, only a discussion about independent claim 2 of request IVb is relevant for the present decision.

Claim 2 corresponds to claim 1 of the patent as granted limited to the alternative of packages of panels and reads as follows:

"Package (10) comprising a multitude of packages of panels (22a, 22b, 22c, 22d, 22e, 22f, 22g, 22h) of mineral wool, especially fibre glass insulating material, wherein

- each package (22a, 22b, 22c, 22d, 22e, 22f, 22g, 22h) of panels is held in a compressed state;

- a plurality of packages of panels (22a, 22b, 22c, 22d, 22e, 22f, 22g, 22h) are grouped into one module (6);

- a plurality of modules (6a, 6b,6c) are arranged on a support surface (8) of the package (10) such that the modules are in an upright position with the front surfaces of the packages of panels of one row standing on the support surface;

- the modules (6; 6a, 6b, 6c) are in a compressed state and packed in a wrapping (3) of plastic film; and

- the modules (6a, 6b, 6c) are arranged next to each other on the support surface (8) and being held together on the support surface (8), preferably packed in a further plastic film wrapping (9);

characterized in that

- each module (6; 6a, 6b, 6c) is formed by at least two rows (13) of packages of panels (22a, 22b, 22c, 22d, 22e, 22f, 22g, 22h), at least two such rows (13) being arranged on top of each other such that the packages of panels touch one another at one of their front surfaces."

VI. Documents

The following documents of the opposition proceedings are of relevance for the present decision:

D1: EP 0 220 980 B;

A1 to A5b: public prior use in Poland; and

A6 to A11: public prior use in Belgium/The Netherlands.

The documents A1 to A5b concerning the public prior use in Poland are as follows:

A1: "Uni-Mata 50" and "Uni-Mata Mini" dated

19 April 2002, one page;

A2: "Piccolo 100", dated 15 January 2003, one page;

A3: "Piccolo 50", dated 15 January 2003, one page;

A4: (A5.1, A5.2 and A5a): flyer "Moja zólta Mini", Uni-Mata from ISOVER Gullfiber, dated 31 June 2001 (documents 5.1 and 5.2, one page each), in Polish with a translation into German of A5.2 (document A5a, one page);

A5b: Screenshot showing bill number 90148349, "Piccolo 5 MPS 48 ROL 1300Ca600x50 mm; 1 PAL", to BAUMAX in Ljubljana, Slovenia, in July 2002, one page; and

TC: Testimony of Mr Cognard on 1 October 2013 before the Opposition Division.

The documents A6 to A11 concerning the public prior use in Belgium/The Netherlands are as follows:

A6: "Material 40348 ROLLISOL PLUS @150X0450X08000 (01X36)", undated, two pages;

A7: Email from Huibert van Wensen on 24 June 2008, four pages;

A8: "Material 40347 ROLLISOL PLUS 150X0450X08000 (01X00)", undated, one page;

A9: Screenshot delivery document number 81540663,

"35817 ROLLISOL PLUS @150X0450X08000(02X18) 17 PAL", to WAEYAERT VERMEERSCH ISOLATIE in Kortemark, Belgium, in July 2008 or 2000(the year is illegible), one page.

A10: "Artikel 34052 XROLLISOL PLUS @060X0600X12000(01X36", undated, two pages

A11: "Factuur" to Adimat C.V.B.A. in Belgium, dated 24 January 2008 (A11.1 and A11.2, one page each); "Facture" to Plan-it Messancy in Belgium, dated 13 May 2008 (A11.3, one page) and "Kopie Factuur" to Gamma Belgie NV in the Netherlands, dated 6 March 2008, one page; and

TR: Testimony of Mr Rops on 1 October 2013 before the Opposition Division.

Late-filed documents A10-A11 were admitted into the proceedings by the Opposition Division, see impugned decision, point 11.3.1. This has not been contested by the appellant in the appeal proceedings.

The following document A13 was filed for the first time in appeal proceedings by the respondent with letter dated 18 August 2014:

A13: "I35003 XROLLISOL PLUS @060X0600X12000(01X60", undated, three pages.

VII. The appellant argued essentially as follows:

Public prior uses

Both witnesses Mr Cognard and Mr Rops made clear that the packages were done in many different configurations depending on the customers' requirements, even for the products at stake in the two alleged public prior uses. Both witnesses merely described the standard ways, not the configuration of the packages of the specific sales under consideration. It is unlikely that they could remember how the package configurations of said specific sales had been actually done. In particular, none of the witnesses was involved in the marketing or the sale of the products. Hence, the alleged public prior uses should be considered as not having taken place beyond any reasonable doubts.

Claim 2 - novelty

D1 does not disclose features (5), (7), (8) and (9) of claim 2 according to the feature analysis presented in annex A12 of respondent's letter of 18 August 2014, having in mind that a person skilled in the art would interpret feature (6) as that each module is packed individually in a respective film wrapping. The configuration that the package comprises a plurality of modules, each module being individually wrapped in a film and formed by at least two rows of packages of panels is not disclosed in D1. Hence novelty of the claimed subject-matter should be acknowledged.

Claim 2 - inventive step

In view of the technical effects associated with the way the modules are arranged, i.e. at least two rows of packages of panels arranged on top of each other, to be regarded as distinguishing features over D1 taken as closest prior art, the problem to be solved can be seen as to improve the alignment of rows of packages of panels in the package and increase the capacity of a packing machine. Since the solution to this problem is not disclosed or suggested in the available prior art documents, nor does it belong to the skilled person's common general knowledge, the skilled person would not arrive at the claimed subject-matter in an obvious manner starting from D1 as closest prior art. There is no proof of the skilled person's common general knowledge on packing panels disclosing the above-mentioned differentiating features over D1. Furthermore, it is clear from D1 that packing panels involves specific issues which do not occur when packing rolls. Hence, the skilled person would not think of combining the disclosure of the public prior uses which concern rolls with that of D1 which concerns packages of panels.

Starting from the public prior uses as closest prior art, the distinguishing feature of claim 2 is that it concerns packing packages of panels instead of rolls. There is no proof of the skilled person's common general knowledge on packing panels, in particular on how to provide modules of packages of panels. Only the patent document D1 is concerned with packages of panels and it makes clear that it raises specific issues. Hence, should the skilled person consider to apply the teaching of D1 to the public prior uses, he would contemplate to take its complete teaching, i.e. also the configuration of the modules of packages of panels disclosed therein. By doing so he would not arrive at the claimed subject-matter in an obvious manner.

In view of the above, inventive step of the subject-matter of claim 2 should be acknowledged.

VIII. The respondent argued essentially as follows:

Public prior uses

Both witnesses confirmed that the configurations of the packages described were in accordance with the sales. There were no objective reasons to cast doubt on the witnesses' recollections and both witnesses were fully acquainted with the information given in the relevant bills (A5b or A9). Hence, the alleged public prior uses should be considered to have taken place beyond any reasonable doubts.

Claim 2 - novelty

Feature (6) of claim 2 according to the feature analysis presented in annex A12 of respondent's letter of 18 August 2014 is broadly formulated and should not be considered limited in any way by the description. It merely reads that the package comprises a film wrapping, not necessarily that each module is wrapped individually, since this wording is not specified in the claim. Claim 2 requires only one plastic wrapping film.

The package ("fardeau") of D1 is wrapped in a plastic film ("banderolage") and is formed by at least two rows of packages of panels ("colis"), at least two such rows being arranged on top of each other such that the packages of panels touch one another at one of their front surfaces. Hence, D1 discloses all the features of claim 2 and, hence, its subject-matter lacks novelty over D1.

This also applies when considering that the package ("fardeau") of D1 as a whole corresponds to the module specified in claim 2.

Claim 2 - inventive step

The skilled person would immediately think of combining the teaching of the public prior uses relating to rolls with that of D1 relating to packages of panels taken as closest prior art. He would see no difficulties in this combination since in D1 the same apparatuses are used for manufacturing both types of packages. Furthermore, the teaching in D1 regarding the configurations of the packages, i.e. the modules being either vertically or horizontally arranged, see column 10, lines 11-20 and column 14, lines 2-11, is the same in both cases: rolls or packages of panels. No specific issues are to be derived from D1 for packing packages of panels. Hence, the skilled person would think of combining the teaching of the public prior uses with that of D1 and, by doing so, would arrive at the claimed subject-matter in an obvious manner.

Starting from the public prior uses as closest prior art, the only distinguishing feature is that claim 2 relates to packages of panels instead of rolls. The objective technical problem to be solved in view of this distinguishing feature can be seen as to provide an alternative package to the one of the public prior uses. Faced with the problem, the skilled person would consider the teaching of D1 which relates to packing such packages of panels. He would see no difficulties in applying the teaching of D1 while keeping the configurations of packages as disclosed in the public prior uses, since the method and apparatuses for packing rolls and packages of panels are the same in D1. This can also be regarded as belonging to his common general knowledge. Consequently, starting from the public prior uses the skilled person applying his common general knowledge or the teaching of D1 would arrive at the claimed subject-matter in an obvious manner.

In view of the above, inventive step should not be acknowledged for the subject-matter of claim 2.

1. Late-filed document A13 - admission

In its above mentioned non-binding preliminary opinion, point 4.4.5, the Board informed the parties that it considered the late-filed document A13 (see point VI above) admissible, contrary to the appellant's view, since it was seen as a reaction to the finding of the impugned decision, point 11.3.2, second paragraph (Articles 12(2) and (4) RPBA). Since this has not been commented on or contested subsequently by the parties, either in writing or orally at the oral proceedings, the Board admits A13 into the appeal proceedings.

2. Public prior uses

2.1 As is clear from the parties' submissions at the oral proceedings, the disclosures of the two alleged public prior uses in Poland and in Belgium/The Netherlands are equivalent for assessing the patentability of the subject-matter of claim 2 at stake of the single appellant's request IVb. As a matter of fact, both concern packing rolls, rather than packing packages of panels as in claim 2, with similar configurations of their respective packages. Consequently, there is no need to discuss both public prior uses so that the present decision focuses only on the alleged public prior use in Belgium/The Netherlands.

2.2 As is also clear from the discussions at the oral proceedings, the parties agree that the public prior use in Belgium/The Netherlands is based on A9 and the testimony of Mr Rops (TR), see also impugned decision, point 11.3.2, third paragraph, in this respect and minutes before the Opposition Division, point 9.

2.3 The appellant contests that the public prior use in Belgium/The Netherlands took place beyond any reasonable doubts. For the Board, this issue does not need, however, to be dealt with in the present decision since the Board comes to the conclusion, even taking into account the alleged public prior use(s), that the subject-matter of claim 2 is novel and inventive. Hence, in the following it is assumed that the public prior use in Belgium/The Netherlands took actually place (impugned decision, point 11.3.2).

3. Claim 2

Since the subject-matter of claim 2 of the appellant's request IVb corresponds to the alternative of package of panels of claim 1 of the patent as granted, there is no need to discuss whether it fulfils the requirements of Articles 83, 123(2) and (3) EPC, as the grounds for opposition according to Articles 100(b) and (c) EPC have not been raised. Furthermore, the compliance with the requirements of Article 84 EPC may not be examined either (G 3/14, OJ EPO 2015, A102).

3.1 Feature analysis

The following feature analysis of claim 2 is used in the following (see annex A12 of respondent's letter of 18 August 2014):

(1) Package comprising a multitude of packages of panels of mineral wool, [optional: especially fibre glass insulating material], wherein

(2) each package of panels is held in a compressed state;

(3) a plurality of packages of panels are grouped into one module;

(4) a plurality of modules are arranged on a support surface of the package

(5) such that the modules are in an upright position with the front surfaces of the packages of panels of one row standing on the support surface;

(6) the modules are in a compressed state and packed in a wrapping of plastic film; and

(7) the modules are arranged next to each other on the support surface and being held together on the support surface, [optional: preferably packed in a further plastic film wrapping];

[characterized in that]

(8) each module is formed by at least two rows of packages of panels,

(9) at least two such rows being arranged on top of each other such that the packages of panels touch one another at one of their front surfaces.

3.2 Novelty

The respondent contests that the subject-matter of claim 2 of request IVb is novel vis-à-vis D1.

3.2.1 D1 (column 12, line 20 to column 14, line 30; figures 5-8) discloses a package ("fardeau") comprising a multitude of packages ("colis") of panels of mineral wool ("panneaux de feutre rectangulaires" 34), especially fibre glass insulating material ("isolants fibreux compressibles", "feutre d'isolation en fibres de verre", see column 1, lines 1-2, column 5, lines 56-60), wherein

- each package of panels ("colis") is held in a compressed state ("Ces panneaux sont regroupés en colis unitaires dans lesquels ils sont comprimés", see column 12, lines 26-27);

- a plurality of packages of panels ("colis") are grouped into one module ("élément modulaire" 32);

- a plurality of modules 32 are arranged on a support surface ("palette") of the package ("fardeau");

- the modules 32 are in a compressed state and packed in a wrapping of plastic film ("film" 16 ", "...de polyéthylène", see column 7, line 49 to column 9, line 23 and also column 13 lines 13-24, where it is stated that the same apparatus, i.e. "empileuse" 7, is used for constituting the modules 32 in figures 2, 6 and 9; "à la formation du module...compression supplémentaire des panneaux", see column 13, lines 21-24; column 5, lines 52-55); and

- the modules 32 are arranged next to each other on the support surface ("palette") and being held together on the support surface ("palette"), preferably packed in a further plastic film wrapping ("dévidoir 27...permettant d'appliquer le film avec une tension déterminée sur le fardeau", see column 10, lines 45-53; "banderolage", column 14, lines 16-23; see also column 5, lines 48-51, where it is stated that figures 5-8 for panels are similar to figures 1-4 for rolls).

3.2.2 As a result of the above, the Board, following in part the appellant's view, considers that D1 does not disclose at least the following features of claim 2 :

- each module is formed by at least two rows of packages of panels, at least two such rows being arranged on top of each other.

3.2.3 Referring to the wording of claim 2 that a plurality of packages of panels are grouped into one module (feature (3)), the respondent builds up in figure 8 of D1 (two) distinct modules, each of the modules being made up of (six) packages of panels ("colis"). According to the respondent, said modules are arranged next to each other and all wrapped together by a plastic film ("banderolage") so as to form a package ("fardeau") in accordance with feature (7). Due to this plastic film, the respondent argues that said modules are in a compressed state and wrapped so as to fulfil the requirements of feature (6) of claim 2.

In this respect the respondent considers that feature (6) is broadly formulated and should not be considered as being limited in any way by the description. It should merely be interpreted in that the package comprises a film wrapping, not necessarily that each module is wrapped individually, since these two words are not specified in the claim. In fact, claim 2 would require only one plastic wrapping film which can be the one of the package ("banderolage").

Hence, two distinct modules can be derived in figure 8. The respondent then concludes that each of said modules of the package ("fardeau") of D1 are formed by two rows of packages of panels ("colis"), said rows of packages of panels being arranged on the top of each other in accordance with features (8) and (9) of the characterising portion of claim 2.

Since the other features of claim 2 are also known from D1, the subject-matter of claim 2 would not be novel over D1.

The above reasoning also applies in case the package ("fardeau") of D1 as a whole corresponds to the module in accordance with claim 2, see figure 8. The package ("fardeau") of D1 is wrapped by a film ("banderolage") and is formed by at least two rows of packages of panels ("colis"), at least two such rows being arranged on top of each other.

3.2.4 The Board cannot share this view for the following reasons discussed at the oral proceedings.

Contrary to the respondent's view, the Board follows the appellant's interpretation of feature (6) that each module is packed individually in a respective film wrapping since this is the way the skilled person will understand in the present technical field the term "module" used in claim 2. This is illustrated for instance by D1 which uses a similar expression ("élément modulaire" 32) in order to designate such grouping obtained after the wrapping step in apparatus 7 ("empileuse"). This interpretation is further supported by feature (3) of claim 2 which specifies that a plurality of packages of panels are grouped into one module, i.e. they are held together by physical means to be understood as being a wrapping film according to feature (6).

The package of claim 2 comprises a plurality of such modules (feature (4)), each module being individually wrapped in a film and formed by at least two rows of packages of panels (feature 8). Such claimed construction is not to be found in D1. In figure 8 of D1 the package comprises four distinct modules, each module being individually wrapped in a film, the modules being formed by a single row of three packages of panels and arranged on the top of each other.

3.2.5 Hence, the subject-matter of claim 2 is novel.

3.3 Inventive step

The respondent contests that the subject-matter of claim 2 lacks inventive step starting from either D1 or the public prior use in Belgium/The Netherlands as closest prior art, on the basis of arguments discussed hereafter and put forward for the first time at the oral proceedings before the Board.

3.3.1 Starting from D1

The Board shares the appellant's opinion that in view of the technical effects associated with the distinguishing features discussed under point 3.2.2 above, the objective technical problem to be solved can be seen as to improve the alignment of rows of packages of panels in the package and increase the capacity of a packing machine, see contested patent, paragraph 8.

The claimed solution to this problem is not disclosed or suggested in D1 or in the other available prior art disclosures, nor does it belong to the skilled person's common general knowledge.

Contrary to the respondent's view, it is derivable for the skilled reader of D1 that packing panels do not equate to packing rolls. As a matter of fact, specific issues are related with packing panels such as the packages of panels may become oval which does not occur when packing rolls, see column 12, lines 26-51. As further taught in D1, column 14, lines 2-11, the packages of panels are to be arranged in the modules such that the thickness of the panels are on the side of the module lying on the pallet in order to obtain a stable pile up of the modules on top of each other. Such an arrangement cannot obviously be compared with rolls. In particular, D1, column 10, lines 11-20, discloses that in case of a package of rolls, the rolls can be arranged horizontally or vertically in the package, vertically being nevertheless preferable for stability reasons. Contrary to the respondent, such a disclosure with the two alternative arrangements is not to be found in D1 in case of panels, nor derivable from the above mentioned passage in column 14, lines 2-11 relating to the orientation of the thicknesses of the panels. The fact that in this very specific passage of D1 a clear disclosure for arranging the panels in the package is provided, cannot be the basis for an implicit a contrario disclosure of a different arrangement. Hence, as clearly appearing from D1, packing panels is linked with specific issues leading to a specific configuration of the package, independently from whether or not the same method and/or apparatuses are used for packing rolls or packages of panels.

In view of the above, the skilled person would not combine the the disclosure of D1, which concerns packing packages of panels, with the teaching of the public prior use in Belgium/The Netherlands which concerns packing rolls.

Hence, the skilled person would not arrive at the claimed subject-matter in an obvious manner starting from D1.

3.3.2 Starting from the public prior use in Belgium/The Netherlands

The public prior use in Belgium/The Netherlands discloses a pallet of the product "Rollisol Plus" with a width of 450 mm, packed in a 2 x 18 configuration, i.e. two layers of three modules, each module comprising two rows of three rolls (six rolls in each module), the rows being arranged on the top of each other such that the rolls touch one another at one of their front surfaces (impugned decision, point 11.3.2, third paragraph; minutes of the oral proceedings before the Opposition Division, point 9).

As a consequence, as also agreed with by the parties at the oral proceedings, the only distinguishing feature of claim 2 over the public prior use in Belgium/The Netherlands is that the claimed package comprises packages of panels instead of rolls.

The Board cannot follow the respondent's opinion that, in view of providing an alternative package, the skilled person starting from the public prior use in Belgium/The Netherlands and applying his common general knowledge will merely replace the rolls of the package of the prior use in Belgium/The Netherlands by panels so as to arrive at the claimed subject-matter in an obvious manner.

As a matter of fact, this amounts to a mere allegation as there is no proof on file of the skilled person's common general knowledge disclosing the way modules of packages of panels are configurated and assembled together according to claim 2.

The only available prior art disclosure on file dealing with packing panels is D1, which cannot be regarded as representing the skilled person's common general knowledge since it concerns a patent document, i.e. not a standard text book. Should the skilled person consider its disclosure, as also argued by the respondent, he will realise that, as already discussed under point 3.3.1 above, special issues are related to packing panels. Hence, he will certainly take this into consideration when applying the teaching of D1 to the public prior use in Belgium/The Netherlands. By doing so, he will configurate the modules as in D1, i.e. comprising only one row of packages of panels, as there is no disclosure nor any suggestion in D1 on how to make modules comprising two rows of packages of panels and to assemble them into a package. Therefore, when applying the teaching of D1 to the public prior use in Belgium/The Netherlands, he would come up with modules as in D1. By doing so, he would fall outside the scope of claim 2 (see features (8) and (9)).

Hence, the skilled person would not arrive at the claimed subject-matter in an obvious manner starting from the public prior use in Belgium/the Netherlands either.

3.3.3 In view of the above, the subject-matter of claim 2 is inventive.

4. Description

The appellant filed an adapted description to auxiliary request IVb in the oral proceedings against which no objections were raised from the respondent or the Board.

Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the Opposition Division with the order to maintain the patent in amended form on the basis of the following documents:

Description:

Pages 2, 3, 4 filed during oral proceedings of 19 July 2018;

Pages 5, 6 of the patent specification of the patent as granted;

Claims:

claims 1-21 of auxiliary request IVb filed during oral proceedings of 19 July 2018;

Drawings:

figures 1-5 of the patent as granted.

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