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

    Patent knowledge

    Access our patent databases and search tools.

    Go to overview 

    • Overview
    • Technical information
      • Overview
      • Espacenet - patent search
      • European Publication Server
      • EP full-text search
    • Legal information
      • Overview
      • European Patent Register
      • European Patent Bulletin
      • European Case Law Identifier sitemap
      • Third-party observations
    • Business information
      • Overview
      • PATSTAT
      • IPscore
      • Technology insight reports
    • Data
      • Overview
      • Technology Intelligence Platform
      • Linked open EP data
      • Bulk data sets
      • Web services
      • Coverage, codes and statistics
    • Technology platforms
      • Overview
      • Plastics in transition
      • Water innovation
      • Space innovation
      • Technologies combatting cancer
      • Firefighting technologies
      • Clean energy technologies
      • Fighting coronavirus
    • Helpful resources
      • Overview
      • First time here?
      • Asian patent information
      • Patent information centres
      • Patent Translate
      • Patent Knowledge News
      • Business and statistics
      • Unitary Patent information in patent knowledge
    Image
    EPO TIR study-PV-web-720 x 237

    Technology insight report on advances in photovoltaics

  • Applying for a patent

    Applying for a patent

    Practical information on filing and grant procedures.

    Go to overview 

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

    UP

    Find out how the Unitary Patent can enhance your IP strategy

  • Law & practice

    Law & practice

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

    Go to overview 

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

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

  • News & events

    News & events

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

    Go to overview 

     

    • Overview
    • News
    • Events
    • European Inventor Award
      • Overview
      • About the award
      • Categories and prizes
      • Meet the finalists
      • Nominations
      • European Inventor Network
      • The 2024 event
    • Young Inventors Prize
      • Overview
      • About the prize
      • Nominations
      • The jury
      • The world, reimagined
      • The 2025 event
    • Press centre
      • Overview
      • Patent Index and statistics
      • Search in press centre
      • Background information
      • Copyright
      • Press contacts
      • Call back form
      • Email alert service
    • Innovation and patenting in focus
      • Overview
      • Water-related technologies
      • CodeFest
      • Green tech in focus
      • Research institutes
      • Women inventors
      • Lifestyle
      • Space and satellites
      • The future of medicine
      • Materials science
      • Mobile communications
      • Biotechnology
      • Patent classification
      • Digital technologies
      • The future of manufacturing
      • Books by EPO experts
    • "Talk innovation" podcast

    Podcast

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

  • Learning

    Learning

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

    Go to overview 

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

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

  • About us

    About us

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

    Go to overview 

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

    Track the latest tech trends with our Patent Index

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

Recent decisions

Overview
  • 2025 decisions
  • 2024 decisions
  • 2023 decisions
  1. Home
  2. T 2090/15 20-07-2021
Facebook X Linkedin Email

T 2090/15 20-07-2021

European Case Law Identifier
ECLI:EP:BA:2021:T209015.20210720
Date of decision
20 July 2021
Case number
T 2090/15
Petition for review of
-
Application number
10171303.0
IPC class
C10M 133/56
C10N 30/10
C10N 30/12
C10N 40/25
C10N 40/26
C10N 70/00
C10N 60/14
Language of proceedings
EN
Distribution
DISTRIBUTED TO BOARD CHAIRMEN (C)

Download and more information:

Decision in EN 439.2 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

Use of an ashless borated dispersant

Applicant name
Infineum International Limited
Opponent name
New Market Services Corporation
Board
3.3.02
Headnote
-
Relevant legal provisions
European Patent Convention 054 (2007)
Keywords

Novelty of use

Novelty - main and auxiliary requests (no)

Catchword
Novelty of non-medical use claims: the mere discovery of a new property or capability of a particular ingredient of a known composition used for a known purpose cannot confer novelty (reasons, 1.3)
Cited decisions
G 0002/88
T 0231/85
T 0059/87
T 0892/94
T 0717/98
T 1269/01
T 0729/05
T 0816/05
T 1539/14
Citing decisions
T 1673/18

I. The appeal of the opponent (hereinafter appellant) lies from the decision of the opposition division to reject the opposition against European patent 2 290 041.

II. The patent was opposed based on the grounds for opposition pursuant to Article 100(a) (novelty and inventive step) and 100(b) EPC.

III. During the appeal proceedings, reference was made inter alia to the following prior art documents:

D3a WO 2009/101933 A1

D3b EP 2 248 876 A1

IV. With a communication pursuant to Article 15(1) RPBA, the board set out its preliminary opinion.

V. Oral proceedings by videoconference were held on 20 July 2021 in the presence of both parties.

VI. Requests relevant to the present decision

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

The respondent requested that the appeal be rejected, i.e. that the patent be maintained as granted, or alternatively that the patent be maintained on the basis of one of the sets of claims of the first to seventh auxiliary requests (also denoted auxiliary requests A to G), all filed with the reply to the statement of grounds of appeal.

VII. Independent claim 1 of the main request reads as follows:

"1. The use, in the lubrication of a compression-ignited internal combustion engine which is fuelled with bio-diesel, of an oil-soluble boron containing compound comprising an ashless borated dispersant, as an additive component in a minor amount, in a lubricating oil composition, to reduce and/or inhibit the corrosion of the metallic engine components, during operation of the engine, wherein the boron containing compound introduces greater than 100 to less than 10000 ppm of boron into the lubricating oil composition, based on the total mass of the lubricating oil composition, and the lubricating oil composition becomes contaminated with bio-diesel or a decomposition product thereof during operation of the engine."

VIII. The arguments of the appellant insofar as relevant to the present decision, may be summarised as follows:

Main request - Articles 100(a) and 54 EPC

The subject-matter of claim 1 lacked novelty over D3. D3 disclosed the use of a lubricating oil composition for reducing corrosion of engine parts when biofuel or biofuel-mixed fuel is used in an internal combustion engine. All examples of D3 comprised an ashless borated dispersant as required by claim 1, in an amount covered by claim 1. The only difference between claim 1 and the disclosure in D3 was the attribution to the ashless borated dispersant of claim 1 of the known technical effect of corrosion control within the known means of realisation (use as an engine lubricant in a compression-ignited internal combustion engine which is fueled with biodiesel, wherein the lubricating oil becomes contaminated with biodiesel or a decomposition product thereof during operation). Contrary to the situation underlying G 2/88 and related case law, the contested patent did not provide a new means of realisation by which the new purpose was achieved. Rather, the means of realisation was exactly the same as that disclosed in D3. The distinction in attributing corrosion control to ashless borated dispersants had no physical realisation and lay solely in the mind of the person carrying out the invention. Such a new use did not define a technical feature of the claim according to G 2/88, and it was no longer necessary to examine whether the feature was made available in the prior art or not. Claim 1 therefore lacked novelty.

Auxiliary requests - Article 54 EPC

The additional features added to the respective claim 1 of each of the auxiliary requests were already disclosed in D3 in combination with the features of claim 1 of the main request, namely, in the examples thereof.

IX. The arguments of the respondent insofar as relevant to the present decision, may be summarised as follows:

Main request - Articles 100(a) and 54 EPC

Claim 1 was to be interpreted as directed to the use of a boron compound, as an additive component, and not to the use of a finished lubricant formulation containing many different additives, to achieve the effect specified. Since the situation in the present case was similar to that underlying G 2/88, novelty was to be acknowledged for the same reason. Specifically, in G 2/88, a claim to the use of a compound for reducing friction in a lubricant was held novel over a prior art disclosure of the same compound in a lubricant for inhibiting rust. In the present case, the claim was directed to the use of a compound for inhibiting corrosion in a lubricant, against a prior art disclosure of the same compound in a lubricant for reducing friction. In order to destroy novelty therefore, D3 must inter alia make available to the public the information that the ashless borated dispersant is used for the functional technical effect of reducing and/or inhibiting corrosion in a biodiesel-contaminated lubricant. Since D3 did not disclose said technical effect, novelty was to be acknowledged.

Auxiliary requests - Article 54 EPC

The respective claim 1 of the auxiliary requests comprised further limiting features compared to claim 1 as granted. Only if all of the features of the claim were disclosed in D3 in combination with each other could novelty be denied.

Main request

1. Novelty - Articles 100(a) and 54 EPC

1.1 Background

The appellant submitted that the subject-matter of claim 1 lacked novelty over D3a. D3a is prior art under Article 54(2) EPC. Since D3a was published in Japanese, the parties referred to D3b, published in English on 10 November 2010, and thus after the filing date of the patent, as corresponding to the disclosure of D3a. This was not disputed by either party. On this basis, reference to "D3" hereinafter refers to the text of D3b.

1.2 Interpretation - claim 1

1.2.1 Claim 1, in summary, concerns the use:

- in the lubrication of a compression-ignited internal combustion engine...

- of an oil-soluble boron containing compound comprising an ashless borated dispersant ... as an additive component in a minor amount, in a lubricating oil composition,

- to reduce and/or inhibit the corrosion of the metallic engine components, during operation of the engine..."

For ease of reference in the following, the "oil-soluble boron containing compound comprising an ashless borated dispersant" recited in this claim is abbreviated to "the boron compound". The feature related to the reduction or inhibition of corrosion is abbreviated to "reduction of corrosion" or the corresponding verbal construction "to reduce corrosion".

1.2.2 It was the respondent's view that when correctly interpreted, claim 1 was to be understood as being directed to the use of the boron compound, as an additive component, and not to the use of a composition containing many different additives including said boron compound. Hence, the claimed use was limited to the use of exclusively the boron compound for the claimed technical effect.

1.2.3 The board disagrees with this interpretation. Claim 1 is directed to the use (of something) to achieve an effect, namely the reduction of corrosion. While the wording of claim 1 indeed implies that the boron compound plays the role of providing said effect (i.e. it has corrosion-reducing properties), it is not the boron compound alone which is used to achieve said effect. Rather, the claim explicitly states that the boron compound is used as "an additive compound in a minor amount, in a lubricating oil composition". Thus, the "major amount" according to the claim is provided by the further ingredients of the lubricating oil composition. Indeed, it was not disputed by the respondent that in carrying out the activity defined by claim 1, the boron compound is used in a lubricating oil composition to achieve the desired effect.

1.2.4 The use defined in claim 1 therefore comprises employing a lubricating oil composition comprising inter alia the boron compound to reduce corrosion, whereby the boron compound plays a role in said reduction.

1.3 Novelty vis à vis D3

1.3.1 D3 is a patent document disclosing a lubricating oil composition for use in an internal combustion engine that uses fuel originating from natural fat and oil (paragraph [0001]). The object of the invention of D3 is to reduce corrosion in engine parts when such a biofuel or biofuel-mixed fuel is used, e.g. in a diesel engine (paragraph [0004], lines 46-47). Considerable reduction in the corrosion of engine parts is achieved by including in the lubricant composition a specific amount of a sulphur compound comprising a -C-S-C- bond (paragraph [0021]; claim 1). According to paragraph [0028], other additives, including an ashless-type friction modifier, may be added as necessary to the composition. Examples of ashless-type friction modifiers include a mono-type or bis-type polybutenyl succinimide and/or a boride thereof (paragraph [0031]). The lubricant compositions of all examples and comparative examples include "polybutenyl succinic monoimide A", having a boron content of 1.3 mass% (paragraph [0039], entry 5; table 1).

1.3.2 It is undisputed that the "polybutenyl succinic monoimide A" in the lubricant compositions of all examples and comparative examples in D3 (table 1) corresponds to the boron compound recited in claim 1, and that it is present in the compositions of D3 in an amount within the range recited in claim 1, namely that it "introduces greater than 100 to less than 10000 ppm of boron into the lubricating oil composition, based on the total mass of the lubricating oil composition".

It is also undisputed that the use (i.e. the purpose) of the compositions of D3 corresponds to the use recited in claim 1, namely "to reduce and/or inhibit the corrosion of the metallic engine components during operation of the engine ... and the lubricating oil composition becomes contaminated with bio-diesel or a decomposition product thereof during operation of the engine". Furthermore, it is undisputed that the means of realisation of the use disclosed for the lubricant compositions of D3 is the same as that disclosed for the compositions of claim 1, namely adding the lubricating oil composition to a compression-ignited internal combustion engine which is fueled with biodiesel, and running the engine while reducing corrosion (whereby the oil composition becomes contaminated with a biodiesel or a decomposition product thereof as recited in present claim 1).

Finally, it is also undisputed that D3 fails to disclose that "polybutenyl succinic monoimide A", i.e. the boron compound disclosed in the examples thereof, acts to reduce corrosion in the composition of D3. Rather, as stated above, it is said to act as a friction modifier (D3, paragraphs [0028] and [0031]).

1.3.3 In view of this, it must therefore be assessed whether the subject-matter of the use defined in claim 1 can be considered novel over D3.

The respondent defended novelty by drawing parallels between the present case and the case underlying Enlarged Board of Appeal decision G 2/88 (OJ EPO, 1990, 93). In G 2/88, a claim to the use of a compound for reducing friction in a lubricant was held novel over a prior art disclosure of the same compound in a lubricant for inhibiting rust (in fact it was the board in the referring case T 59/87 that came to this conclusion on the basis of the Enlarged Board's decision in G 2/88). According to the respondent, in the present case, claim 1 was directed to the use of a compound for inhibiting corrosion in a lubricant, against a prior art disclosure of the same compound in a lubricant for reducing friction. Since novelty was acknowledged in G 2/88, the same should apply to subject-matter of claim 1.

1.3.4 In the view of the board, the respondent's comparison of the facts in G 2/88 to those of the present case is flawed for the following reasons. In G 2/88 the Enlarged Board of Appeal acknowledged novelty for the use of a known compound in a known means of realisation to achieve a new technical effect, even if that effect had been the inherent result of using the known compound in the known means of realisation. However, as set out above, present claim 1 is to be interpreted as including the use of a composition for reducing corrosion, the composition comprising the boron compound as an additive in a minor amount. The corresponding composition in D3 is that of the examples and comparative examples, which undisputedly corresponds to the composition of present claim 1 and furthermore is undisputedly employed for the same use as that underlying present claim 1, namely the reduction of corrosion. Therefore, although as set out above, the boron compound in the composition of D3 is assigned a different role in said composition, namely as a friction modifier, the purpose of the composition disclosed in D3 is not friction modification but rather the same as that of the composition of present claim 1, namely the reduction of corrosion. Therefore, the present case is distinguished from the situation in G 2/88 because the same composition is used in the same way to achieve the same technical effect as the composition of the prior art. The respondent erroneously equates the purpose of the use according to D3 with the stated technical purpose of employing the boron compounds disclosed therein, namely for friction modification. However, this does not correspond to the actual purpose of the compositions in D3, as set out above.

1.3.5 More specifically, G 2/88 (reasons, 7) sets out inter alia the following:

"A claimed invention lacks novelty unless it includes at least one essential technical feature which distinguishes it from the state of the art. When deciding upon the novelty of a claim, a basic initial consideration is therefore to construe the claim in order to determine its technical features." (emphasis added by the present board)

To identify whether a claim comprised such a technical feature, the Enlarged Board continued (reasons, 7.1):

"In relation to a claim to a use of a known entity for a new purpose, the question initially arises: what are the technical features of the claim?" (emphasis added by the present board)

This introductory statement already clarifies that G 2/88 is not relevant to the present case. As established above, the entity in claim 1 is a lubricant oil composition comprising the boron compound. It has already been established that this entity (the composition) is disclosed in D3. It has also already been established above that the purpose of this entity, to reduce corrosion, is identical in both claim 1 and D3. Thus, claim 1 does not concern the use of a known entity for a new purpose.

The Enlarged Board in G2/88 concluded (reasons, 10.3):

"The answer to question (iii) may therefore be summarised as follows: with respect to a claim to a new use of a known compound, such new use may reflect a newly discovered technical effect described in the patent. The attaining of such a technical effect should then be considered as a functional technical feature of the claim (e.g. the achievement in a particular context of that technical effect). If that technical feature has not been previously made available to the public by any of the means as set out in Article 54(2) EPC, then the claimed invention is novel, even though such technical effect may have inherently taken place in the course of carrying out what has previously been made available to the public." (emphasis added by the present board)

It was on this basis that the board in T 59/87 (which led to the referral in G 2/88) held that a claim to the use of a compound for reducing friction in a lubricant was novel over a prior art disclosure of the same compound in a lubricant for inhibiting rust (reasons, 2.4): the attainment of the new effect, the reduction of friction, was considered as a functional technical feature of the claim. Since it was not known from the prior art, which disclosed rust inhibition, that the compound could be used to achieve the effect of friction reduction, it conferred novelty on the claim. Different from that case, claim 1 in the present case concerns the use of the lubricating oil composition, not the boron compound, for the same use as that disclosed in the prior art.

Similarly, in T 231/85 (reasons, 6), cited in G 2/88 (reasons, 9.1) and invoked in the present case, the use of certain substances for influencing plant growth was known in the state of the art. Based on the newly discovered fungicidal effect of the same substances, claims directed to the use of these substances for the hitherto unknown, new purpose of controlling fungi and preventive fungus control were held to be novel on the basis of the same principles.

1.3.6 A similar situation is apparent in further decisions cited by the respondent to support its position, as set out in the following.

In T 717/98, the established jurisprudence in G 2/88 was addressed, namely that in a second or further non-medical use of a known compound for achieving a technical effect, the attainment of such a technical effect had to be considered a functional technical feature of the claim. A claim was thus to be regarded as being novel if this functional technical feature had not been previously made available to the public by any of the means set out in Article 54(2) EPC (T 717/98, reasons 2.2). Claim 1 underlying the case concerned the use of a known substance (MMT) for producing a reduction of the reactivity of tailpipe exhaust products, which was considered by the board to be a different technical effect from that obtained by the use described in the prior art, which was the quantitative reduction of polluting emissions. It was therefore not the case that this technical feature just contributed to or explained the known effect obtained by the known use of the prior art, as was considered in decisions T 254/93 and T 892/94, and novelty was acknowledged (reasons, 2.4).

In T 816/05 invoked by the respondent, novelty over the prior art was acknowledged on the basis that the claimed use translated into a new technical application distinct from the known application (reasons, 17).

In T 729/05, the board acknowledged novelty on the basis that the use was not disclosed in the prior art, and the technical effect underlying the use was considered as a new functional technical feature (reasons, 2.8).

1.3.7 The board endorses the aforementioned conclusions in each of the above decisions. The factual situation in those cases however contrasts with that of the present case, which concerns a claim directed to the use of a known composition (the lubricant composition of D3), containing a known substance (the boron compound of D3), for a known purpose (reduction of corrosion, the purpose for which the composition of D3 is used). Although D3 is silent about the role of the boron compound in reducing corrosion, it is nevertheless used in D3 in a composition intended for the same purpose and in the same means of realisation as in present claim 1. The implied recognition in claim 1 that the boron compound contributes to a reduction of corrosion represents nothing more than a newly discovered property or capability underlying the claimed effect or purpose. There is consequently no "new effect" on the basis of which claim 1 may be considered to comprise a functional technical feature distinct from that disclosed in the prior art D3.

Hence it is apparent on a comparison of present claim 1 with the disclosure in D3 that the only aspect of claim 1 which has not been made available to the public in D3 is the explanation, or discovery that the boron compound has the capability of reducing corrosion as recited in claim 1.

However, the mere discovery of a new property or capability of a particular ingredient of a known composition used for a known purpose cannot confer novelty on claim 1. In line with G 2/88 as set out above, novelty can only be acknowledged if the newly discovered property or capability was applied in a new use which can be clearly distinguished from the old use. In the present case, the new and the old uses of the lubricating oil composition are the same, namely the reduction of corrosion.

For these reasons, the board concludes that the subject-matter of claim 1 lacks novelty over D3.

1.3.8 This conclusion is confirmed by further decisions cited by the parties:

In T 892/94 (reasons, 3.4, final two paragraphs), cited by the appellant in its arguments, it was stated:

"It follows from decision G 2/88 and the examples mentioned above that novelty within the meaning of Article 54(1) can be acknowledged in cases where the discovery of a new technical effect of a known substance leads to an invention which is defined in the claim in terms of the use of that substance for a hitherto unknown, new non-medical purpose reflecting said effect (ie a new functional technical feature), even if the only novel feature in that claim is the purpose for which the substance is used.

Conversely, it can be inferred from decision G 2/88 that no novelty exists, if the claim in question is directed to the use of a known substance for a known non-medical purpose, even if a newly discovered technical effect underlying said known use is indicated in the claim." (emphasis added by the present board)

On that basis, novelty was denied. This is analogous to the present case in which the corrosion-reducing property of the boron compound underlies the claimed use of the lubricating oil composition for corrosion reduction.

Similarly, novelty was denied by the board in T 1269/01. The claim in question concerned the use of a known composition comprising citric acid (said to contribute to a known effect) for a known use (stabilisation upon storage). The board stated (reasons, 2.1.4, second paragraph):

"The fact the citric acid has been found in the patent in suit to contribute also to this effect cannot amount therefore to a new technical feature within the meaning of G 2/88 and 6/88 since the alleged new technical effect underlies that already disclosed in document (4), i.e. that of improved stability of the enzyme upon storage."

Rather than supporting the respondent's position, the case underlying this decision is analogous to the present case and supports the board's conclusion set out above. Specifically, the mere recognition that citric acid was responsible for stabilisation upon storage was not sufficient basis for acknowledging novelty when the purpose, i.e. stabilisation upon storage, and the means of realisation, i.e. the use of a composition including citric acid, were identical in the claim and the prior art.

A similar situation also arose in T 1539/14, invoked by the appellant, in which novelty was denied. The issues underlying this case are closely related to the present case. Therein, the wording of claim 1 implied the ability of citric acid to provide a certain technical effect (reasons, 2.1). In response to the proprietor's argument that the same effect, obtained using the composition of the prior art, was not attributed to the citric acid component also present therein, but to other components of the prior art composition, the board stated (reasons, 2.7.3):

"These indications have no bearing on the fact that [the prior art] discloses that the citric acid containing composition L can be used in neat form on a hard surface with the purpose of providing this latter with an NTCB..."

The same situation arises in present claim 1 with regard to the boron compound, and novelty is denied for the same reasons.

1.4 On the basis of the above considerations, the subject-matter of claim 1 of the main request lacks novelty over D3 (Article 54 EPC).

First auxiliary request

2. Claim 1 of this request differs from claim 1 of the main request in that the term "ashless borated dispersant" is replaced with "ashless nitrogen containing borated polyalkenyl succinimide dispersant".

As set out above, the lubricant compositions of all examples and comparative examples of D3 include as a component thereof "polybutenyl succinic monoimide A", having a boron content of 1.3 mass% (D3, paragraph [0039], entry 5; table 1). That this compound corresponds to the ashless nitrogen containing borated polyalkenyl succinimide dispersant of claim 1 was not contested by the respondent. The newly introduced feature of claim 1 is therefore disclosed in D3 in combination with the features of claim 1 of the main request (i.e. in the examples of D3).

In consequence, the subject-matter of claim 1 of this request lacks novelty for the same reason as provided for claim 1 of the main request (Article 54 EPC).

Second auxiliary request

3. Claim 1 of this request differs from claim 1 of the main request in that it is specified that in the use to reduce and/or inhibit the corrosion of the metallic engine components, said components "include copper or lead and mixtures thereof".

Paragraph [0045] of D3 discloses a "corrosivity test" carried out on the examples of D3. Specifically, the amounts of copper and lead eluted in the sample oil were measured. The results are shown in table 1, final two rows (D3, page 13). The results provided for the examples show a reduction in the elution of copper and lead compared to the comparative examples. It is therefore clear that the use disclosed in D3 also includes the reduction and/or inhibition of corrosion in metallic engine components including copper or lead and mixtures thereof.

Consequently, the subject-matter of claim 1 of this request lacks novelty over the disclosure in D3 for this reason in addition to the reasons provided for claim 1 of the main request (Article 54 EPC).

Third auxiliary request

4. Claim 1 of this request differs from claim 1 of the main request in that it includes the amendments to claim 1 of the first and second auxiliary requests, addressed above.

Since the board concluded above that the features newly introduced into the respective claim 1 of both the first and the second auxiliary request were disclosed in combination in the examples of D3, the same applies to the subject-matter of claim 1 of this request.

The subject-matter of claim 1 therefore lacks novelty for the same reasons as those provided above for the respective claim 1 of the main request and the first and second auxiliary requests (Article 54 EPC).

Fourth, fifth, sixth and seventh auxiliary requests

5. The respective claim 1 of each of these requests differs from claim 1 of the main request, first, second and third auxiliary requests respectively in the amendment of "an oil-soluble boron containing compound comprising an ashless..." to "an oil-soluble boron containing compound consisting of an ashless..."

The appellant argued that the examples of D3 only disclosed a single boron-containing compound, namely the ashless nitrogen containing borated polyalkenyl succinimide labelled in D3 as "polybutenyl succinic monoimide A", having a boron content of 1.3 mass% (paragraph [0039], entry 5; table 1). Since this argument was neither contested by the respondent, nor is any other boron containing compound apparent in the listed ingredients used to prepare the lubricant composition of D3 (paragraph [0039]), the board agrees.

The limitation introduced in claim 1 is therefore already disclosed in D3. Consequently, for the same reasons as provided for claim 1 of the main request and the first, second and third auxiliary requests, the subject-matter of the respective claim 1 of the fourth, fifth, sixth and seventh auxiliary requests lacks novelty (Article 54 EPC).

6. Since none of the claim requests are allowable, the patent is to be revoked.

Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The patent is revoked.

Footer - Service & support
  • Service & support
    • Website updates
    • Availability of online services
    • FAQ
    • Publications
    • Procedural communications
    • Contact us
    • Subscription centre
    • Official holidays
    • Glossary
Footer - More links
  • Jobs & careers
  • Press centre
  • Single Access Portal
  • Procurement
  • Boards of Appeal
Facebook
European Patent Office
EPO Jobs
Instagram
EuropeanPatentOffice
Linkedin
European Patent Office
EPO Jobs
EPO Procurement
X (formerly Twitter)
EPOorg
EPOjobs
Youtube
TheEPO
Footer
  • Legal notice
  • Terms of use
  • Data protection and privacy
  • Accessibility