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

    Patent knowledge

    Access our patent databases and search tools.

    Go to overview 

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

    Technology insight report on plastic waste management

  • Applying for a patent

    Applying for a patent

    Practical information on filing and grant procedures.

    Go to overview 

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

    UP

    Find out how the Unitary Patent can enhance your IP strategy

  • Law & practice

    Law & practice

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

    Go to overview 

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

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

  • News & events

    News & events

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

    Go to overview 

     

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

    Podcast

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

  • Learning

    Learning

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

    Go to overview 

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

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

  • About us

    About us

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

    Go to overview 

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

    Track the latest tech trends with our Patent Index

 
en de fr
  • Language selection
  • English
  • Deutsch
  • Français
Main navigation
  • Homepage
    • Go back
    • New to patents
  • New to patents
    • Go back
    • Your business and patents
    • Why do we have patents?
    • What's your big idea?
    • Are you ready?
    • What to expect
    • How to apply for a patent
    • Is it patentable?
    • Are you first?
    • Patent quiz
    • Unitary patent video
  • Searching for patents
    • Go back
    • Overview
    • Technical information
      • Go back
      • Overview
      • Espacenet - patent search
        • Go back
        • Overview
        • National patent office databases
        • Global Patent Index (GPI)
        • Release notes
      • European Publication Server
        • Go back
        • Overview
        • Release notes
        • Cross-reference index for Euro-PCT applications
        • EP authority file
        • Help
      • EP full-text search
    • Legal information
      • Go back
      • Overview
      • European Patent Register
        • Go back
        • Overview
        • Release notes archive
        • Register documentation
          • Go back
          • Overview
          • Deep link data coverage
          • Federated Register
          • Register events
      • European Patent Bulletin
        • Go back
        • Overview
        • Download Bulletin
        • EP Bulletin search
        • Help
      • European Case Law Identifier sitemap
      • Third-party observations
    • Business information
      • Go back
      • Overview
      • PATSTAT
      • IPscore
        • Go back
        • Release notes
      • Technology insight reports
    • Data
      • Go back
      • Overview
      • Technology Intelligence Platform
      • Linked open EP data
      • Bulk data sets
        • Go back
        • Overview
        • Manuals
        • Sequence listings
        • National full-text data
        • European Patent Register data
        • EPO worldwide bibliographic data (DOCDB)
        • EP full-text data
        • EPO worldwide legal event data (INPADOC)
        • EP bibliographic data (EBD)
        • Boards of Appeal decisions
      • Web services
        • Go back
        • Overview
        • Open Patent Services (OPS)
        • European Publication Server web service
      • Coverage, codes and statistics
        • Go back
        • Weekly updates
        • Updated regularly
    • Technology platforms
      • Go back
      • Overview
      • Plastics in transition
        • Go back
        • Overview
        • Plastics waste recovery
        • Plastics waste recycling
        • Alternative plastics
      • Innovation in water technologies
        • Go back
        • Overview
        • Clean water
        • Protection from water
      • Space innovation
        • Go back
        • Overview
        • Cosmonautics
        • Space observation
      • Technologies combatting cancer
        • Go back
        • Overview
        • Prevention and early detection
        • Diagnostics
        • Therapies
        • Wellbeing and aftercare
      • Firefighting technologies
        • Go back
        • Overview
        • Detection and prevention of fires
        • Fire extinguishing
        • Protective equipment
        • Post-fire restoration
      • Clean energy technologies
        • Go back
        • Overview
        • Renewable energy
        • Carbon-intensive industries
        • Energy storage and other enabling technologies
      • Fighting coronavirus
        • Go back
        • Overview
        • Vaccines and therapeutics
          • Go back
          • Overview
          • Vaccines
          • Overview of candidate therapies for COVID-19
          • Candidate antiviral and symptomatic therapeutics
          • Nucleic acids and antibodies to fight coronavirus
        • Diagnostics and analytics
          • Go back
          • Overview
          • Protein and nucleic acid assays
          • Analytical protocols
        • Informatics
          • Go back
          • Overview
          • Bioinformatics
          • Healthcare informatics
        • Technologies for the new normal
          • Go back
          • Overview
          • Devices, materials and equipment
          • Procedures, actions and activities
          • Digital technologies
        • Inventors against coronavirus
    • Helpful resources
      • Go back
      • Overview
      • First time here?
        • Go back
        • Overview
        • Basic definitions
        • Patent classification
          • Go back
          • Overview
          • Cooperative Patent Classification (CPC)
        • Patent families
          • Go back
          • Overview
          • DOCDB simple patent family
          • INPADOC extended patent family
        • Legal event data
          • Go back
          • Overview
          • INPADOC classification scheme
      • Asian patent information
        • Go back
        • Overview
        • China (CN)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Chinese Taipei (TW)
          • Go back
          • Overview
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • India (IN)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
        • Japan (JP)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Korea (KR)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Russian Federation (RU)
          • Go back
          • Overview
          • Facts and figures
          • Numbering system
          • Searching in databases
        • Useful links
      • Patent information centres (PATLIB)
      • Patent Translate
      • Patent Knowledge News
      • Business and statistics
      • Unitary Patent information in patent knowledge
  • Applying for a patent
    • Go back
    • Overview
    • European route
      • Go back
      • Overview
      • European Patent Guide
      • Oppositions
      • Oral proceedings
        • Go back
        • Oral proceedings calendar
          • Go back
          • Calendar
          • Public access to appeal proceedings
          • Public access to opposition proceedings
          • Technical guidelines
      • Appeals
      • Unitary Patent & Unified Patent Court
        • Go back
        • Overview
        • Unitary Patent
          • Go back
          • Overview
          • Legal framework
          • Main features
          • Applying for a Unitary Patent
          • Cost of a Unitary Patent
          • Translation and compensation
          • Start date
          • Introductory brochures
        • Unified Patent Court
      • National validation
      • Extension/validation request
    • International route
      • Go back
      • Overview
      • Euro-PCT Guide
      • Entry into the European phase
      • Decisions and notices
      • PCT provisions and resources
      • Extension/validation request
      • Reinforced partnership programme
      • Accelerating your PCT application
      • Patent Prosecution Highway (PPH)
        • Go back
        • Patent Prosecution Highway (PPH) programme outline
      • Training and events
    • National route
    • MyEPO services
      • Go back
      • Overview
      • Understand our services
        • Go back
        • Overview
        • Exchange data with us using an API
          • Go back
          • Release notes
      • Get access
        • Go back
        • Overview
        • Release notes
      • File with us
        • Go back
        • Overview
        • What if our online filing services are down?
        • Release notes
      • Interact with us on your files
        • Go back
        • Release notes
      • Online Filing & fee payment outages
    • Fees
      • Go back
      • Overview
      • European fees (EPC)
        • Go back
        • Overview
        • Decisions and notices
      • International fees (PCT)
        • Go back
        • Reduction in fees
        • Fees for international applications
        • Decisions and notices
        • Overview
      • Unitary Patent fees (UP)
        • Go back
        • Overview
        • Decisions and notices
      • Fee payment and refunds
        • Go back
        • Overview
        • Payment methods
        • Getting started
        • FAQs and other documentation
        • Technical information for batch payments
        • Decisions and notices
        • Release notes
      • Warning
    • Forms
      • Go back
      • Overview
      • Request for examination
    • Find a professional representative
  • Law & practice
    • Go back
    • Overview
    • Legal texts
      • Go back
      • Overview
      • European Patent Convention
        • Go back
        • Overview
        • Archive
          • Go back
          • Overview
          • Documentation on the EPC revision 2000
            • Go back
            • Overview
            • Diplomatic Conference for the revision of the EPC
            • Travaux préparatoires
            • New text
            • Transitional provisions
            • Implementing regulations to the EPC 2000
            • Rules relating to Fees
            • Ratifications and accessions
          • Travaux Préparatoires EPC 1973
      • Official Journal
      • Guidelines
        • Go back
        • Overview
        • EPC Guidelines
        • PCT-EPO Guidelines
        • Unitary Patent Guidelines
        • Guidelines revision cycle
        • Consultation results
        • Summary of user responses
        • Archive
      • Extension / validation system
      • London Agreement
      • National law relating to the EPC
        • Go back
        • Overview
        • Archive
      • Unitary Patent system
        • Go back
        • Travaux préparatoires to UP and UPC
      • National measures relating to the Unitary Patent 
    • Court practices
      • Go back
      • Overview
      • European Patent Judges' Symposium
    • User consultations
      • Go back
      • Overview
      • Ongoing consultations
      • Completed consultations
    • Substantive patent law harmonisation
      • Go back
      • Overview
      • The Tegernsee process
      • Group B+
    • Convergence of practice
    • Options for professional representatives
  • News & events
    • Go back
    • Overview
    • News
    • Events
    • European Inventor Award
      • Go back
      • Overview
      • The meaning of tomorrow
      • About the award
      • Categories and prizes
      • Meet the inventors
      • Nominations
      • European Inventor Network
        • Go back
        • 2024 activities
        • 2025 activities
        • Rules and criteria
        • FAQ
      • The 2024 event
    • Young Inventors Prize
      • Go back
      • Overview
      • About the prize
      • Nominations
      • The jury
      • The world, reimagined
      • The 2025 event
    • Press centre
      • Go back
      • Overview
      • Patent Index and statistics
      • Search in press centre
      • Background information
        • Go back
        • Overview
        • European Patent Office
        • Q&A on patents related to coronavirus
        • Q&A on plant patents
      • Copyright
      • Press contacts
      • Call back form
      • Email alert service
    • In focus
      • Go back
      • Overview
      • Water-related technologies
      • CodeFest
        • Go back
        • CodeFest Spring 2025 on classifying patent data for sustainable development
        • Overview
        • CodeFest 2024 on generative AI
        • CodeFest 2023 on Green Plastics
      • Green tech in focus
        • Go back
        • Overview
        • About green tech
        • Renewable energies
        • Energy transition technologies
        • Building a greener future
      • Research institutes
      • Women inventors
      • Lifestyle
      • Space and satellites
        • Go back
        • Overview
        • Patents and space technologies
      • Healthcare
        • Go back
        • Overview
        • Medical technologies and cancer
        • Personalised medicine
      • Materials science
        • Go back
        • Overview
        • Nanotechnology
      • Mobile communications
      • Biotechnology
        • Go back
        • Overview
        • Red, white or green
        • The role of the EPO
        • What is patentable?
        • Biotech inventors
      • Classification
        • Go back
        • Overview
        • Nanotechnology
        • Climate change mitigation technologies
          • Go back
          • Overview
          • External partners
          • Updates on Y02 and Y04S
      • Digital technologies
        • Go back
        • Overview
        • About ICT
        • Hardware and software
        • Artificial intelligence
        • Fourth Industrial Revolution
      • Additive manufacturing
        • Go back
        • Overview
        • About AM
        • AM innovation
      • Books by EPO experts
    • Podcast
  • Learning
    • Go back
    • Overview
    • Learning activities and paths
      • Go back
      • Overview
      • Learning activities: types and formats
      • Learning paths
    • EQE and EPAC
      • Go back
      • Overview
      • EQE - European Qualifying Examination
        • Go back
        • Overview
        • Compendium
          • Go back
          • Overview
          • Paper F
          • Paper A
          • Paper B
          • Paper C
          • Paper D
          • Pre-examination
        • Candidates successful in the European qualifying examination
        • Archive
      • EPAC - European patent administration certification
      • CSP – Candidate Support Programme
    • Learning resources by area of interest
      • Go back
      • Overview
      • Patent granting
      • Technology transfer and dissemination
      • Patent enforcement and litigation
    • Learning resources by profile
      • Go back
      • Overview
      • Business and IP managers
        • Go back
        • Overview
        • Innovation case studies
          • Go back
          • Overview
          • SME case studies
          • Technology transfer case studies
          • High-growth technology case studies
        • Inventor's handbook
          • Go back
          • Overview
          • Introduction
          • Disclosure and confidentiality
          • Novelty and prior art
          • Competition and market potential
          • Assessing the risk ahead
          • Proving the invention
          • Protecting your idea
          • Building a team and seeking funding
          • Business planning
          • Finding and approaching companies
          • Dealing with companies
        • Best of search matters
          • Go back
          • Overview
          • Tools and databases
          • EPO procedures and initiatives
          • Search strategies
          • Challenges and specific topics
        • Support for high-growth technology businesses
          • Go back
          • Overview
          • Business decision-makers
          • IP professionals
          • Stakeholders of the Innovation Ecosystem
      • EQE and EPAC Candidates
        • Go back
        • Overview
        • Paper F brain-teasers
        • Daily D questions
        • European qualifying examination - Guide for preparation
        • EPAC
      • Judges, lawyers and prosecutors
        • Go back
        • Overview
        • Compulsory licensing in Europe
        • The jurisdiction of European courts in patent disputes
      • National offices and IP authorities
        • Go back
        • Overview
        • Learning material for examiners of national officers
        • Learning material for formalities officers and paralegals
      • Patent attorneys and paralegals
      • Universities, research centres and TTOs
        • Go back
        • Overview
        • Modular IP Education Framework (MIPEF)
        • Pan-European Seal Young Professionals Programme
          • Go back
          • Overview
          • For students
          • For universities
            • Go back
            • Overview
            • IP education resources
            • University memberships
          • Our young professionals
          • Professional development plan
        • Academic Research Programme
          • Go back
          • Overview
          • Completed research projects
          • Current research projects
        • IP Teaching Kit
          • Go back
          • Overview
          • Download modules
        • Intellectual property course design manual
        • PATLIB Knowledge Transfer to Africa
          • Go back
          • The PATLIB Knowledge Transfer to Africa initiative (KT2A)
          • KT2A core activities
          • Success story: Malawi University of Science and Technology and PATLIB Birmingham
  • About us
    • Go back
    • Overview
    • The EPO at a glance
    • 50 years of the EPC
      • Go back
      • Official celebrations
      • Overview
      • Member states’ video statements
        • Go back
        • Albania
        • Austria
        • Belgium
        • Bulgaria
        • Croatia
        • Cyprus
        • Czech Republic
        • Denmark
        • Estonia
        • Finland
        • France
        • Germany
        • Greece
        • Hungary
        • Iceland
        • Ireland
        • Italy
        • Latvia
        • Liechtenstein
        • Lithuania
        • Luxembourg
        • Malta
        • Monaco
        • Montenegro
        • Netherlands
        • North Macedonia
        • Norway
        • Poland
        • Portugal
        • Romania
        • San Marino
        • Serbia
        • Slovakia
        • Slovenia
        • Spain
        • Sweden
        • Switzerland
        • Türkiye
        • United Kingdom
      • 50 Leading Tech Voices
      • Athens Marathon
      • Kids’ collaborative art competition
    • Legal foundations and member states
      • Go back
      • Overview
      • Legal foundations
      • Member states
        • Go back
        • Overview
        • Member states by date of accession
      • Extension states
      • Validation states
    • Administrative Council and subsidiary bodies
      • Go back
      • Overview
      • Communiqués
        • Go back
        • 2024
        • Overview
        • 2023
        • 2022
        • 2021
        • 2020
        • 2019
        • 2018
        • 2017
        • 2016
        • 2015
        • 2014
        • 2013
      • Calendar
      • Documents and publications
        • Go back
        • Overview
        • Select Committee documents
      • Administrative Council
        • Go back
        • Overview
        • Composition
        • Representatives
        • Rules of Procedure
        • Board of Auditors
        • Secretariat
        • Council bodies
    • Principles & strategy
      • Go back
      • Overview
      • Mission, vision, values & corporate policy
      • Strategic Plan 2028
        • Go back
        • Driver 1: People
        • Driver 2: Technologies
        • Driver 3: High-quality, timely products and services
        • Driver 4: Partnerships
        • Driver 5: Financial sustainability
      • Towards a New Normal
      • Data protection & privacy notice
    • Leadership & management
      • Go back
      • Overview
      • About the President
      • Management Advisory Committee
    • Sustainability at the EPO
      • Go back
      • Overview
      • Environmental
        • Go back
        • Overview
        • Inspiring environmental inventions
      • Social
        • Go back
        • Overview
        • Inspiring social inventions
      • Governance and Financial sustainability
    • Procurement
      • Go back
      • Overview
      • Procurement forecast
      • Doing business with the EPO
      • Procurement procedures
      • Dynamic Purchasing System (DPS) publications
      • Sustainable Procurement Policy
      • About eTendering
      • Invoicing
      • Procurement portal
        • Go back
        • Overview
        • e-Signing contracts
      • General conditions
      • Archived tenders
    • Services & activities
      • Go back
      • Overview
      • Our services & structure
      • Quality
        • Go back
        • Overview
        • Foundations
          • Go back
          • Overview
          • European Patent Convention
          • Guidelines for examination
          • Our staff
        • Enabling quality
          • Go back
          • Overview
          • Prior art
          • Classification
          • Tools
          • Processes
        • Products & services
          • Go back
          • Overview
          • Search
          • Examination
          • Opposition
          • Continuous improvement
        • Quality through networking
          • Go back
          • Overview
          • User engagement
          • Co-operation
          • User satisfaction survey
          • Stakeholder Quality Assurance Panels
        • Patent Quality Charter
        • Quality Action Plan
        • Quality dashboard
        • Statistics
          • Go back
          • Overview
          • Search
          • Examination
          • Opposition
        • Integrated management at the EPO
      • Consulting our users
        • Go back
        • Overview
        • Standing Advisory Committee before the EPO (SACEPO)
          • Go back
          • Overview
          • Objectives
          • SACEPO and its working parties
          • Meetings
          • Single Access Portal – SACEPO Area
        • Surveys
          • Go back
          • Overview
          • Detailed methodology
          • Search services
          • Examination services, final actions and publication
          • Opposition services
          • Formalities services
          • Customer services
          • Filing services
          • Key Account Management (KAM)
          • Website
          • Archive
      • Our user service charter
      • European and international co-operation
        • Go back
        • Overview
        • Co-operation with member states
          • Go back
          • Overview
        • Bilateral co-operation with non-member states
          • Go back
          • Overview
          • Validation system
          • Reinforced Partnership programme
        • Multilateral international co-operation with IP offices and organisations
        • Co-operation with international organisations outside the IP system
      • European Patent Academy
        • Go back
        • Overview
        • Partners
      • Chief Economist
        • Go back
        • Overview
        • Economic studies
      • Ombuds Office
      • Reporting wrongdoing
    • Observatory on Patents and Technology
      • Go back
      • Overview
      • Technologies
        • Go back
        • Overview
        • Innovation against cancer
        • Assistive robotics
        • Space technologies
      • Innovation actors
        • Go back
        • Overview
        • Startups and SMEs
          • Go back
          • Overview
          • Publications
        • Research universities and public research organisations
      • Policy and funding
        • Go back
        • Overview
        • Financing innovation programme
          • Go back
          • Overview
          • Our studies on the financing of innovation
          • EPO initiatives for patent applicants
          • Financial support for innovators in Europe
        • Patents and standards
          • Go back
          • Overview
          • Publications
          • Patent standards explorer
      • Tools
        • Go back
        • Overview
        • Deep Tech Finder
      • About the Observatory
        • Go back
        • Overview
        • Work plan
    • Transparency portal
      • Go back
      • Overview
      • General
        • Go back
        • Overview
        • Annual Review 2023
          • Go back
          • Overview
          • Foreword
          • Executive summary
          • 50 years of the EPC
          • Strategic key performance indicators
          • Goal 1: Engaged and empowered
          • Goal 2: Digital transformation
          • Goal 3: Master quality
          • Goal 4: Partner for positive impact
          • Goal 5: Secure sustainability
        • Annual Review 2022
          • Go back
          • Overview
          • Foreword
          • Executive summary
          • Goal 1: Engaged and empowered
          • Goal 2: Digital transformation
          • Goal 3: Master quality
          • Goal 4: Partner for positive impact
          • Goal 5: Secure sustainability
      • Human
      • Environmental
      • Organisational
      • Social and relational
      • Economic
      • Governance
    • Statistics and trends
      • Go back
      • Overview
      • Statistics & Trends Centre
      • Patent Index 2024
        • Go back
        • Insight into computer technology and AI
        • Insight into clean energy technologies
        • Statistics and indicators
          • Go back
          • European patent applications
            • Go back
            • Key trend
            • Origin
            • Top 10 technical fields
              • Go back
              • Computer technology
              • Electrical machinery, apparatus, energy
              • Digital communication
              • Medical technology
              • Transport
              • Measurement
              • Biotechnology
              • Pharmaceuticals
              • Other special machines
              • Organic fine chemistry
            • All technical fields
          • Applicants
            • Go back
            • Top 50
            • Categories
            • Women inventors
          • Granted patents
            • Go back
            • Key trend
            • Origin
            • Designations
      • Data to download
      • EPO Data Hub
      • Clarification on data sources
    • History
      • Go back
      • Overview
      • 1970s
      • 1980s
      • 1990s
      • 2000s
      • 2010s
      • 2020s
    • Art collection
      • Go back
      • Overview
      • The collection
      • Let's talk about art
      • Artists
      • Media library
      • What's on
      • Publications
      • Contact
      • Culture Space A&T 5-10
        • Go back
        • Catalyst lab & Deep vision
          • Go back
          • Irene Sauter (DE)
          • AVPD (DK)
          • Jan Robert Leegte (NL)
          • Jānis Dzirnieks (LV) #1
          • Jānis Dzirnieks (LV) #2
          • Péter Szalay (HU)
          • Thomas Feuerstein (AT)
          • Tom Burr (US)
          • Wolfgang Tillmans (DE)
          • TerraPort
          • Unfinished Sculpture - Captives #1
          • Deep vision – immersive exhibition
          • Previous exhibitions
        • The European Patent Journey
        • Sustaining life. Art in the climate emergency
        • Next generation statements
        • Open storage
        • Cosmic bar
      • "Long Night"
  • Boards of Appeal
    • Go back
    • Overview
    • Decisions of the Boards of Appeal
      • Go back
      • Overview
      • Recent decisions
      • Selected decisions
    • Information from the Boards of Appeal
    • Procedure
    • Oral proceedings
    • About the Boards of Appeal
      • Go back
      • Overview
      • President of the Boards of Appeal
      • Enlarged Board of Appeal
        • Go back
        • Overview
        • Pending referrals (Art. 112 EPC)
        • Decisions sorted by number (Art. 112 EPC)
        • Pending petitions for review (Art. 112a EPC)
        • Decisions on petitions for review (Art. 112a EPC)
      • Technical Boards of Appeal
      • Legal Board of Appeal
      • Disciplinary Board of Appeal
      • Presidium
        • Go back
        • Overview
    • Code of Conduct
    • Business distribution scheme
      • Go back
      • Overview
      • Technical boards of appeal by IPC in 2025
      • Archive
    • Annual list of cases
    • Communications
    • Annual reports
      • Go back
      • Overview
    • Publications
      • Go back
      • Abstracts of decisions
    • Case Law of the Boards of Appeal
      • Go back
      • Overview
      • Archive
  • Service & support
    • Go back
    • Overview
    • Website updates
    • Availability of online services
      • Go back
      • Overview
    • FAQ
      • Go back
      • Overview
    • Publications
    • Ordering
      • Go back
      • Overview
      • Patent Knowledge Products and Services
      • Terms and conditions
        • Go back
        • Overview
        • Patent information products
        • Bulk data sets
        • Open Patent Services (OPS)
        • Fair use charter
    • Procedural communications
    • Useful links
      • Go back
      • Overview
      • Patent offices of member states
      • Other patent offices
      • Directories of patent attorneys
      • Patent databases, registers and gazettes
      • Disclaimer
    • Contact us
      • Go back
      • Overview
      • Filing options
      • Locations
    • Subscription centre
      • Go back
      • Overview
      • Subscribe
      • Change preferences
      • Unsubscribe
    • Official holidays
    • Glossary
    • RSS feeds
Board of Appeals
Decisions

Recent decisions

Overview
  • 2025 decisions
  • 2024 decisions
  • 2023 decisions
  1. Home
  2. T 1400/16 27-10-2017
Facebook X Linkedin Email

T 1400/16 27-10-2017

European Case Law Identifier
ECLI:EP:BA:2017:T140016.20171027
Date of decision
27 October 2017
Case number
T 1400/16
Petition for review of
-
Application number
10164299.9
IPC class
G01T 1/24
G03B 42/04
G06T 7/00
H04N 5/32
H04N 5/232
A61B 6/14
G06T 5/00
Language of proceedings
EN
Distribution
NO DISTRIBUTION (D)

Download and more information:

Decision in EN 376.8 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

Dental extraoral x-ray imaging system and method

Applicant name
Oy Ajat Ltd.
Opponent name
Clara Sattler de Sousa e Brito
Board
3.2.02
Headnote
-
Relevant legal provisions
European Patent Convention Art 87(1)
European Patent Convention Art 54(1)
European Patent Convention Art 54(2)
European Patent Convention Art 84
European Patent Convention Art 123(2)
European Patent Convention Art 123(3)
Keywords

Clarity (yes)

Right of priority (main request - no; auxiliary request 4 - yes) - earlier application for the same invention

Novelty (main request

Novelty - no)

Added subject-matter (auxiliary request 4 - no)

Extension of scope of protection (auxiliary request 4 - no)

Catchword
-
Cited decisions
T 1001/16
T 1921/16
G 0002/98
G 0001/03
Citing decisions
T 1001/16
T 1921/16
T 0219/17

I. The opponent lodged an appeal against the decision, posted on 18 March 2016, concerning maintenance of European patent No. 2 223 653 in amended form.

II. The following documents are relevant for the present decision:

D4: US-A-2006/0203959 (US 11/277,530)

USPRE: US 60/677,020

E1: Shorter Oxford English Dictionary, sixth

edition, 2007, Vol. 2, page 2964.

III. Notice of appeal was filed on 27 May 2016, and the fee for appeal was paid the same day. A statement setting out the grounds of appeal was received on 28 July 2016.

IV. Oral proceedings were held on 26 and 27 October 2017, during which appeals T 1001/16 and T 1921/16 were also heard; these concerned the patents granted on the parent and another divisional application respectively.

The appellant (opponent) requested that the decision under appeal be set aside and that the patent be revoked.

The respondent (patent proprietor) requested that the appeal be dismissed or, in the alternative, that the decision under appeal be set aside and that the patent be maintained on the basis of auxiliary request 4, filed with letter dated 21 December 2016. Auxiliary requests 1 to 3 and 5, filed with letter dated 21 December 2016, and auxiliary request 6, filed with letter dated 26 September 2017, were withdrawn.

V. Claim 1 of the main request (which was held allowable by the Opposition Division) reads as follows:

"An extra-oral dental x-ray imaging system comprising:

(a) an x-ray source (16) adapted for generating x-rays for exposure of such x-rays to an object to be imaged (19), which x-ray source (16) is adapted to move for the duration of the exposure;

(b) an x-ray imaging device (14) adapted for producing multiple overlapping frames (40) during at least part of the exposure;

(c) at least one rotational axis around which the x-ray source and imaging device move along a predetermined geometric path, the axis being located between the x-ray source (16) focal point (36) and the x-ray imaging device (14) and the predetermined geometric path being a spline, which is a non-circular trajectory;

(d) a preset program according to which said x-ray source and imaging device rotate along the predetermined geometric path and with a predetermined speed profile; and

(e) a processing device for utilising the produced multiple overlapping frames to compose by using a shift-and-add algorithm (26) both

i) an image of a predetermined panoramic layer (52) corresponding to said predetermined geometric path and predetermined speed profile, and

ii) an image of a different panoramic layer (99) or a part thereof, at least a portion in the different panoramic layer (99) having a focus depth different from a focus depth of a corresponding portion in the predetermined panoramic layer (52),

characterized in that, for the different panoramic layer (99) or the part thereof, the processing device is adapted to modify a shifting amount (76) between consecutive frames (40) in the shift-and-add algorithm and automatically calculate a layer-of-best-focus (192) such that the system is adapted to select the layer-of-best-focus based on a sharpness measure (1130)."

VI. Claim 1 of auxiliary request 4 reads as follows (amendments to claim 1 of the main request highlighted by the Board):

"An extra-oral dental x-ray imaging system comprising:

(a) an x-ray source (16) adapted for generating x-rays for exposure of such x-rays to an object to be imaged (19), which x-ray source (16) is adapted to move for the duration of the exposure;

(b) an x-ray imaging device (14) adapted for producing multiple overlapping frames (40) during at least part of the exposure;

(c) at least one rotational axis around which the x-ray source and imaging device move along a predetermined geometric path, the axis being located between the x-ray source (16) focal point (36) and the x-ray imaging device (14) and the predetermined geometric path being a spline, which is a non-circular trajectory;

(d) a preset program according to which said x-ray source and imaging device rotate along the predetermined geometric path and with a predetermined speed profile; and

(e) a processing device for utilising the produced multiple overlapping frames to compose by using a shift-and-add algorithm (26) both

i) an image of a predetermined panoramic layer (52) corresponding to said predetermined geometric path and predetermined speed profile with an original velocity vorig, and

ii) an image of a different panoramic layer (99) or a part thereof, at least a portion in the different panoramic layer (99) having a focus depth different from a focus depth of a corresponding portion in the predetermined panoramic layer (52),

characterized in that, for the different panoramic layer (99) or the part thereof, the processing device is adapted to modify a shifting amount (76) between consecutive frames (40) in the shift-and-add algorithm and automatically calculate a layer-of-best-focus (192) using an algorithm comprising the steps of:

setting a speed modifier DELTAv;

reconstructing the image of the different panoramic layer (99) or the part thereof with a new speed obtained by adding the speed modifier DELTAv to the original velocity vorig;

calculating a sharpness measure S(n) for the image of the reconstructed panoramic layer;

calculating a difference DELTAS by deducting a previous sharpness measure S(n-1) from the sharpness measure S(n);

comparing the magnitude of the difference DELTAS against a limit; and

if the magnitude of the difference DELTAS is less than the limit, then showing the image of the reconstructed panoramic layer; and

if the magnitude of the difference DELTAS is not less than the limit, then calculating a new speed modifier DELTAV and returning to the step of reconstructing the image of the different panoramic layer (99) or the part thereof,

whereby [deleted: such that the] system is adapted to select the layer-of-best-focus based on a sharpness measure (1130)."

Claims 2 to 7 are dependent claims.

VII. The arguments of the appellant which are relevant for the present decision may be summarised as follows:

Main request

- Clarity (Article 84 EPC)

The expression "a spline, which is a non-circular trajectory" was unclear as it could be understood in different ways. On the one hand, it could be understood as limiting spline trajectories to those which were non-circular. On the other hand, it could be interpreted as providing a "legal definition" of the term spline, identifying a spline with a non-circular trajectory. Moreover, the claimed expression was unclear since it did not specify whether the entire trajectory, or merely a portion of it, should be a spline.

- Priority right

Priority could not be validly claimed from D4 since the same applicant had already disclosed the same invention in the previous application US 60/677,020 (USPRE). In particular, USPRE directly and unambiguously disclosed that the trajectory of the x-ray source and imaging device was a non-circular spline trajectory. The panoramic layers shown in Figures 3 and 7 were smooth curves without sharp turns or kinks, thus having continuous derivatives. The direction of radiation was disclosed to be perpendicular to the panoramic layers (page 16, paragraphs 4 and 5; Figure 3). Hence, the x-ray source and imaging device moved on a non-circular spline trajectory. It followed that D4 was comprised in the state of the art. It was undisputed that D4 anticipated the subject-matter of claim 1 of the main request.

Auxiliary request 4

- Article 123(2), (3) EPC

The selection of the layer of best focus had been defined in claim 1 of auxiliary request 4 on the basis of what Figure 8d disclosed. However, the claim did not include the step of selecting a region of interest ROI of Figure 8d.

In claim 1 of the patent as granted (feature (e)), the shift-and-add algorithm was defined as composing a predetermined panoramic layer and a different panoramic layer. In claim 1 of auxiliary request 4, instead, the shift-and-add algorithm was defined as composing an image of a predetermined panoramic layer and an image of a different panoramic layer. These amendments created an aliud which shifted the scope of protection, contrary to Article 123(3) EPC.

- The priority claim to D4 was not disputed and thus no novelty objection was based on D4. There were no objections regarding the novelty and inventive step of the claimed subject-matter.

VIII. The arguments of the respondent which are relevant for the present decision may be summarised as follows:

Main request

- Clarity (Article 84 EPC)

According to E1, the mathematical meaning of the term "spline" was "a continuous curve constructed so as to pass through a given set of points and have continuous first and second derivatives". The term had been claimed in the patent as granted and was therefore not to be objected to for lack of clarity. The presently claimed expression "a spline, which is a non-circular trajectory" could be given no meaningful reading other than that of a non-circular spline trajectory.

- Priority right

Priority was claimed from US 11/277,530, i.e. document D4. This was the first application for the claimed subject-matter within the meaning of Article 87(1) EPC. The earlier provisional application US 60/677,020 (USPRE) did not directly and unambiguously disclose that the trajectory of the x-ray source and imaging device was a non-circular spline trajectory. USPRE was therefore not the first application for which full priority was claimed. The relevant criteria for establishing which was the first application were given in G 3/93, G 2/98 and G 1/03. The question of "partial priority" addressed in the impugned decision with reference to G 1/15 was of no relevance in the present case since no partial, but full priority was being claimed from D4.

USPRE did not disclose whether the layers illustrated in Figures 3 and 7 were formed using a smooth non-circular trajectory. USPRE did in particular not rule out that the panoramic images of Figure 7 could have been obtained with a circular trajectory, which was one of the alternatives specified in claim 1 of USPRE. According to page 16, paragraph 5, the transversal layer did not have to be strictly parallel to the direction of radiation, but could also be "close to parallel". Figure 3 and its description on page 3, paragraphs 4 and 5 did not describe an embodiment of the invention, but referred to prior-art orthopantomographs (OPG).

It followed that USPRE did not directly and unambiguously disclose that the trajectory of the x-ray source and imaging device was a non-circular spline. Consequently, D4 was the first application within the meaning of Article 87(1) EPC, from which the patent validly claimed its priority. D4 therefore did not constitute prior art.

Auxiliary request 4

- Article 123(2), (3) EPC

The characterising portion of claim 1 defined the algorithm as calculating the layer of best focus based on page 20, lines 20 to 28 of the application as filed, with each of the steps shown in the flow diagram in Figure 8d. The step of reconstructing the image of a part of a different panoramic layer included the step of selecting a region of interest ROI of Figure 8d. There was therefore no addition of subject-matter. Moreover, the fact that the claim added the limitation of "an image of" panoramic layers resulted in a restriction, rather than an extension of the scope of protection.

1. The appeal is admissible.

2. Main request

2.1 Clarity (Article 84 EPC)

2.1.1 The invention concerns a dental panoramic x-ray imaging system having an x-ray source and an imaging device which move around the patient's head according to a predetermined geometric path and speed profile (paragraph [0010] of the patent; Figure 3). The movement is such that an image of a predetermined layer of interest is formed. The invention allows the x-ray scan to be performed by moving the x-ray source and imaging device in a continuous movement around the patient's head (paragraph [0030]).

The movement is defined in claim 1 (feature (c)) by specifying a "rotational axis around which the x-ray source and imaging device move along a predetermined geometric path, the axis being located between the x-ray source focal point and the x-ray imaging device and the predetermined geometric path being a spline, which is a non-circular trajectory".

2.1.2 The appellant objected that the definition of the motion along a path being "a spline, which is a non-circular trajectory" lacked clarity. However, since claim 1 of the granted patent already defined the motion along a path being "a spline", the notion of a "spline" by itself cannot be objected to as lacking clarity. Only the qualification of a spline as one "which is a non-circular trajectory", which was added during opposition proceedings, may be challenged as lacking clarity. Hence, the appellant's contention that the claim lacked clarity because it did not specify whether the entire trajectory, or merely a portion of it, should be a spline is not to be examined as it refers exclusively to the feature of a spline trajectory, not to the added qualification that it should be a non-circular one.

2.1.3 It is common general knowledge that a "spline" is a continuous curve having continuous derivatives. This concept corresponds, for example, to the definition in the Shorter Oxford English Dictionary (E1) and the Wikipedia article "Spline (mathematics)" filed with the statement of grounds of appeal. In essence, "spline" designates a smooth curve, without sharp turns or kinks (as in a "V"-shaped curve).

Hence, a "spline" has an established recognised mathematical meaning in the field. The appellant has nevertheless argued that the claimed expression "a spline, which is a non-circular trajectory" could be interpreted as providing a "legal definition" of the term spline such that a spline is a trajectory which is non-circular.

The Board views this interpretation, however, as a contrived interpretation of the term "spline", at odds with its established recognised mathematical meaning in the field. The skilled person would consequently not read the claimed expression in such a way. As explained in the patent as granted (page 8, lines 26 to 28), the movement along a spline can be either a circular or a non-circular trajectory, and in the presently pursued claim 1 the movement of the x-ray source and imaging device is limited to a non-circular trajectory. Hence, the claimed expression of "a spline, which is a non-circular trajectory" can be given no meaningful reading other than that of a non-circular spline trajectory.

2.1.4 The Board therefore concludes that the qualification of a spline as one "which is a non-circular trajectory", added during opposition proceedings, does not infringe the clarity requirements of Article 84 EPC.

2.2 Priority right

2.2.1 It is undisputed by the parties that application US 11/277,530, from which the patent claims its priority, is represented by document D4. It is likewise undisputed that if the claim to priority fails, D4 is comprised in the state of the art within the meaning of Article 54(2) EPC (as it was published on 14 September 2006, before the 10 November 2006 filing date of the parent of the divisional application leading to the patent in suit) and that, in that case, D4 is novelty-destroying.

2.2.2 What was disputed, however, is whether priority could be validly claimed from D4 since the same applicant had already disclosed the same invention in the earlier previous application US 60/677,020 (USPRE). USPRE had been filed on 2 May 2005, i.e. before the 27 March 2006 filing date of D4 and about 18 months before the 10 November 2006 filing date of the parent of the divisional application leading to the patent in suit.

2.2.3 According to Article 87(1) EPC, only the first application filed in a state party to the Paris Convention or a member of the WTO can form the basis for a priority right. Therefore, if apart from the application whose priority is being claimed in the patent (in this case D4), an earlier previous application had also been filed (in this case USPRE), in order to check the validity of the priority claim it must be established whether the invention claimed in the patent was already disclosed in the earlier previous application (USPRE).

To establish whether the invention claimed in the patent was already disclosed in the earlier previous application, USPRE, the same principles have to be applied as when establishing identity of invention between the application forming the basis for priority and the application claiming priority. The question is whether the person skilled in the art could derive the subject-matter of the claim of the patent directly and unambiguously, using common general knowledge, from the earlier previous application USPRE (G 2/98, OJ 2001, 413). As confirmed in G 1/03, point 4 of the Reasons, the disclosure as the basis for the right to priority under Article 87(1) EPC and as the basis for amendments to an application under Article 123(2) EPC has to be interpreted in the same way.

2.2.4 The respondent disputed that USPRE directly and unambiguously disclosed that the trajectory of the x-ray source and imaging device was a non-circular spline trajectory.

2.2.5 In the Board's view such a trajectory is disclosed in USPRE for the following reasons:

USPRE discloses in claim 1 that the x-ray source and imaging device rotate on a circular or non-circular trajectory. USPRE does not explicitly mention that the trajectory is a spline, i.e. essentially a smooth curve without sharp turns or kinks, as explained under point 2.1.3 above.

However, the Board considers that from what is disclosed on page 16, paragraphs 4 and 5 in connection with Figure 7, such a trajectory inevitably occurs in USPRE as well. This passage explains that a transversal layer is obtained, the layer being transversal to the panoramic images which follow the contour of the jaw and parallel to the direction of radiation. Thus, the direction of radiation will be perpendicular to the panoramic images or layers which are illustrated in Figure 7. This is what Figure 3 illustrates too, albeit with reference to prior-art orthopantomographs (OPG), in which the perpendicularity of the center of the x-ray beam to the panoramic layer is expressly indicated by a graphical symbol denoting perpendicularity. Moreover, in the description of Figure 3, on page 3, paragraphs 4 and 5, it is mentioned that the movement of the x-ray source and imaging device is synchronised so that the imaging device surface normal is perpendicular to the layer of interest, i.e. the panoramic layer.

The respondent held the view that USPRE disclosed on page 16, paragraph 5, that the transversal layer did not have to be strictly parallel to the direction of radiation, but could be just "close to parallel". In the Board's view, this possibility (mentioned in parentheses after the feature "parallel") addresses the fact that for a fan-type x-ray beam, as depicted in Figure 3, only the center ray will be strictly perpendicular to the panoramic layer, while the rays of the periphery of the beam will be only substantially perpendicular to it.

The jaw of a patient has a roughly horseshoe-shaped contour, which is clearly non-circular, particularly in its lateral portions. Hence, if a circular trajectory of the x-ray source and imaging device were used, as suggested by the respondent, the direction of the x-rays would not be perpendicular to the panoramic layers which follow the contour of the jaw. Moreover, the panoramic layers shown in Figure 7 of USPRE, as well as in Figure 3, are undoubtedly smooth curves without sharp turns or kinks, thus having continuous derivatives. Hence, since the x-rays are emitted perpendicularly to these curves, the x-ray source and imaging device will likewise move along a smooth trajectory.

2.2.6 The Board therefore finds that from the explicit direct and unambiguous disclosure of the movement of the x-ray source and imaging device in USPRE, the skilled person would conclude that the movement inevitably occurs along a non-circular spline. This is consequently no new information over what is explicitly disclosed. The respondent has identified no other feature in claim 1 of the main request which goes beyond the subject-matter disclosed in USPRE.

2.2.7 As the person skilled in the art derives the subject-matter of claim 1 of the main request directly and unambiguously, using common general knowledge, from the earlier previous application USPRE, D4 is not the first application within the meaning of Article 87(1) EPC and thus does not form the basis for a priority right.

Consequently, D4 is comprised in the state of the art within the meaning of Article 54(2) EPC.

2.3 Novelty

As it is undisputed that D4 discloses the subject-matter of claim 1 of the main request, the novelty requirement of Article 54(1) EPC is not fulfilled.

3. Auxiliary request 4

3.1 Article 123(2), (3) EPC

3.1.1 Claim 1 of auxiliary request 4 in its characterising portion defines the algorithm as calculating the layer of best focus disclosed on page 20, lines 20 to 28 of the application as filed with each of the steps shown in the flow diagram in Figure 8d. Consequently, the objection of an unallowable intermediate generalisation of the disclosure of original page 20, lines 20 to 28, as raised with regard to the subject-matter of claim 1 of the main request is hereby overcome.

3.1.2 Claim 1 of auxiliary request 4 explicitly includes the step of reconstructing the image of either a different panoramic layer or a part thereof. According to page 20, lines 23 to 27, selecting a part (98) of an image involves the selection of a region of interest by the dentist. Hence, contrary to the appellant's assertion, the step of selecting a region of interest, as included in the flow diagram of Figure 8d, is likewise contained in the step of reconstructing a part of the different panoramic image recited in claim 1.

3.1.3 Hence, the requirements of Article 123(2) EPC are complied with.

3.1.4 In claim 1 of the patent as granted (feature (e)), the shift-and-add algorithm is defined as composing a predetermined panoramic layer and a different panoramic layer. In claim 1 of auxiliary request 4, instead, the shift-and-add algorithm is defined as composing an image of these panoramic layers.

However, in the Board's view, the skilled person would naturally understand the "panoramic layers" defined in the patent as granted as the panoramic images of these layers. The Board therefore considers that specifying an image of these layers does not extend the scope of protection of the patent as granted.

Hence, the requirements of Article 123(3) EPC are complied with.

3.2 The appellant explicitly stated during the oral proceedings that there were no objections concerning the novelty and inventive step of the subject-matter claimed in auxiliary request 4. In particular, for this request the appellant did not contest the priority claim to document D4, admitting that D4 did not constitute prior art. The Board sees no objections either.

Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the department of first instance with the order to maintain the patent on the basis of:

- claims 1 to 7 of auxiliary request 4 filed with letter dated 21 December 2016;

- description pages 2 to 7, 10 and 11 of the patent as granted and pages 8, 8A and 9 filed during oral proceedings; and

- Figures 1 to 8h (12 pages) of the patent as granted.

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