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

    Patent knowledge

    Access our patent databases and search tools.

    Go to overview 

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

    UP search

    Learn about the Unitary Patent in patent knowledge products and services

  • Applying for a patent

    Applying for a patent

    Practical information on filing and grant procedures.

    Go to overview 

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

    UP

    Unitary Patent

  • Law & practice

    Law & practice

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

    Go to overview 

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

    legal text

    Legal texts

  • News & events

    News & events

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

    Go to overview 

     

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

    Podcast

    Listen to our podcast

  • Learning

    Learning

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

    Go to overview 

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

    European Patent Academy

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

  • About us

    About us

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

    Go to overview 

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

    about us

    Patent Index 2022

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

Recent decisions

Overview
  • 2023 decisions
  • 2022 decisions
  • 2021 decisions
https://www.epo.org/en/node/t162243eu1
  1. Home
  2. T 2243/16 (Aluminium alloy product/Arconic) 17-10-2019
Facebook Twitter Linkedin Email

T 2243/16 (Aluminium alloy product/Arconic) 17-10-2019

European Case Law Identifier
ECLI:EP:BA:2019:T224316.20191017
Date of decision
17 October 2019
Case number
T 2243/16
Petition for review of
-
Application number
03783507.1
IPC class
C22C 21/10
Language of proceedings
EN
Distribution
NO DISTRIBUTION (D)

Download and more information:

Decision in EN 357.24 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

ALUMINUM ALLOY PRODUCT HAVING IMPROVED COMBINATIONS OF PROPERTIES

Applicant name
Arconic Inc.
Opponent name

Aleris Rolled Products Germany GmbH

Constellium Issoire/C-TEC Constellium Technology Center

Board
3.3.05
Headnote
-
Relevant legal provisions
European Patent Convention Art 54
European Patent Convention Art 83
European Patent Convention Art 84
European Patent Convention Art 123(2)
Keywords

Novelty - main request (no)

Novelty - auxiliary request (no)

Claims - clarity

Claims - auxiliary request (no)

Claims - clarity after amendment (no)

Amendments - allowable (no)

Amendments - intermediate generalisation

Sufficiency of disclosure - auxiliary request (no)

Sufficiency of disclosure - undue burden (yes)

Catchword
-
Cited decisions
G 0003/14
G 0002/88
T 1855/06
T 0231/85
T 0201/83
Citing decisions
-

I. The appeal lies from the opposition division's decision to revoke European patent EP 1 565 586.

The opposition division held, inter alia, that the patent as granted did not fulfil the requirements of Article 54(1) and (2) EPC in view of O1/D1:

O1/D1|US 2002/0121319 A1|

II. With its grounds of appeal, the patent proprietor (appellant) inter alia submitted auxiliary requests 1-9 and the following document:

A7|Declaration by Wei Wang, dated 8 October 2015|

| |

III. Claim 1 of the main request (patent as granted) reads as follows:

"1. Use of 0.01 to less than 0.04% silicon in an aluminium alloy product having improved fatigue failure resistance including, by weight, 7.6 to 8.4% zinc, 2.0 to 2.6% copper, 1.8 to 2.3% magnesium, 0.088 to 0.25% zirconium, the balance to 100 weight % aluminium and impurities, and wherein the weight percent of iron is maintained at 0.01 to 0.09%, for rendering the alloy substantially free of Mg2Si intermetallic particles."

IV. Claim 1 of auxiliary request 1 additionally comprises the following feature:

"[...substantially free of Mg2Si intermetallic particles] in order to eliminate fatigue failure due to crack initiation at Mg2Si particles."

Claim 1 of auxiliary request 2 differs from that of the main request in that the "alloy product" is actually "an alloy plate product having a thickness of from 7.5 mm (0.3 inch) to 38.1 mm (1.5 inch)".

Claim 1 of auxiliary request 3 differs from that of the main request in that the alloy is "free of Mg2Si intermetallic particles", not only substantially free.

Claim 1 of auxiliary request 4 combines the modifications of auxiliary requests 1 and 3.

Claim 1 of auxiliary request 5 differs from that of the main request in that the alloy is free of Mg2Si intermetallic particles, not only substantially free, and in a reduced upper limit of the silicon content of 0.02 %.

Claim 1 of auxiliary request 6 differs from that of the main request in that the alloy is free of Mg2Si intermetallic particles, not only substantially free, in a reduced upper limit of the silicon content of 0.018% and in a reduced upper limit of the magnesium content of 2.0%.

As compared to claim 1 of the main request, claim 1 of auxiliary request 7 has been restricted to one of the following alloys:

Zn=8.05, Cu=2.15, Mg = 1.89, Zr=0.130, Si=0.020, Fe=0.030

Zn=8.08, Cu=2.17, Mg = 1.93, Zr=0.120, Si=0.019, Fe=0.032

Zn=7.92, Cu=2.15, Mg = 1.88, Zr=0.130, Si=0.014, Fe=0.037

Zn=7.83, Cu=2.10, Mg = 1.88, Zr=0.110, Si=0.029, Fe=0.039

Zn=8.19, Cu=2.09, Mg=2.00, Zr=0.107, Si=0.018, Fe=0.032

Zn=7.94, Cu=2.17, Mg = 1.92, Zr=0.117, Si=0.028, Fe=0.044

Zn=8.08, Cu=2.15, Mg = 1.93, Zr=0.120, Si=0.019, Fe=0.032

Claim 1 of auxiliary request 8 contains the modifications of auxiliary requests 2 and 7.

As compared to claim 1 of auxiliary request 8, in auxiliary request 9 alloy is free of Mg2Si intermetallic particles, not only substantially free, and the group of possible alloys has been further restricted to:

Zn=8.05, Cu=2.15, Mg=1.89, Zr=0.130, Si=0.020, Fe=0.030

Zn=8.08, Cu=2.17, Mg = 1.93, Zr=0.120, Si=0.019, Fe=0.032

Zn=7.92, Cu=2.15, Mg = 1.88, Zr=0.130, Si=0.014, Fe=0.037

Zn=8.19, Cu=2.09, Mg=2.00, Zr=0.107, Si=0.018, Fe=0.032

Zn=8.08, Cu=2.15, Mg = 1.93, Zr=0.120, Si=0.019, Fe=0.032

V. The appellant's arguments, as far as relevant for the present decision, can be summarised as follows:

O1/D1 did not disclose aluminium alloys that were "substantially free of Mg2Si intermetallic particles", as shown by the calculations in A7. Moreover, the effect of an improved fatigue failure resistance should be considered a further difference when assessing novelty, in line with G 2/88.

Examples 9, 10 and 14 of Table 2 of O1/D1 were comparative examples and therefore also "controls". Consequently, the first part of the footnote of Table 2 did not apply to these samples and O1/D1 thus failed to disclose a silicon concentration of less than 0.04%.

The invention was sufficiently disclosed.

The amendments to the auxiliary requests were clear and supported by the application as originally filed.

Hence, the main request and the auxiliary requests fulfilled the requirements of the EPC.

VI. The opponents' (respondents') arguments, as far as relevant for the present decision, can be summarised as follows:

If not any alloy, which satisfied the composition ranges of claim 1 of the contested patent, yielded an alloy being "substantially free of Mg2Si intermetallic particles" and/or if the Mg2Si contents of the alloys in O1/D1, as calculated in A7, were not "substantially free of Mg2Si" there would be a problem of sufficiency of disclosure since the contested patent was silent on how to achieve the absence of Mg2Si intermetallic particles.

The subject-matter of claim 1 was not novel in view of sample alloys 9, 10 and 14 of O1/D1. In this document, the term "control" only referred to samples 27 and 28. Furthermore, the problem of fatigue was already addressed in O1/D1, and novelty could not be established by the mere discovery of an underlying mechanism. Therefore, G 2/88 did not apply to the present case.

It was not sufficiently disclosed how the claimed aluminium alloy products free of Mg2Si intermetallic particles could be obtained.

A reference to a "plate" in claim 1 caused a lack of clarity if in a claim dependent thereon reference was made to other forms like a sheet (Article 84 EPC).

Intermediate generalisation of specific examples infringed Article 123(2) EPC.

VII. In a communication according to Article 15(1) RPBA, the parties were informed of the preliminary opinion of the board. Since none of the requests appeared allowable, the dismissal of the appeal seemed to be the most probable outcome of the appeal procedure.

VIII. Thereupon, the appellant withdrew its request for oral proceedings and the oral proceedings, scheduled for 17 October 2019, were cancelled.

IX. The appellant requests that the decision be set aside and that the patent be maintained as granted (main request). As an auxiliary measure, it requests that the patent be maintained on the basis of one of auxiliary requests 1-9, all submitted with the grounds of appeal.

The respondents request that the appeal be dismissed.

1. Main request

For the following reasons, the subject-matter of claim 1 of the contested patent is not novel in view of O1/D1 (Article 54(1) and (2) EPC).

1.1 O1/D1 discloses the use of an aluminium alloy product in aerospace applications (paragraph [0002]) wherein the alloy "exhibit[s] a highly desirable combination of strength, fracture toughness and fatigue performance, in further combination with superior stress corrosion cracking (SCC) resistance" (paragraph [0016]). Figures 12-14 confirm that fatigue is an essential aspect of this "desirable combination".

In the following table, the concentration ranges of claim 1 of the patent in suit are compared to those of aluminium alloys 9, 10 and 14 of Table 2 of O1/D1.

|Claim 1 of patent in suit(wt.%)|O1/D1Table 2alloys 9 / 10 / 14(wt.%)|

Si |0.01-0.04 |0.03 / 0.03 / 0.03*|

Zn |7.6-8.4 |7.70 / 8.17 / 8.33 |

Cu |2.0-2.6 |2.46 / 2.05 / 2.04 |

Mg |1.8-2.3 |2.31 / 1.92 / 2.19 |

Zr |0.088-0.25|0.12 / 0.12 / 0.12*|

Fe |0.01-0.09 |0.05 / 0.05 / 0.05*|

Al and impurities|balance |balance |

* According to the footnote of Table 2.

Thus, the Cu, Mg and Zn contents of these alloys in O1/D1 are within the ranges of claim 1 of the contested patent.

Given the usual rounding conventions of numerical values, the Mg content of 2.31% of alloy 9 falls within the claimed range of 1.8 to 2.3%.

Contrary to the appellant's view, the term "controls" in the footnote of Table 2 only refers to samples 27 and 28 in Table 2, not to all comparative samples. This becomes clear when looking at paragraphs [0063, 0064, 0068] and Figures 3-6 where only the samples 27 and 28 are referred to as controls, not the other comparative samples. This means that the Si, Fe, Zr and Ti concentrations in the first two lines of the footnote of Table 2 also apply to samples 9, 10 and 14.

The Ti content of 0.025% in the footnote of Table 2 of O1/D1 is construed as an "impurity" within the meaning of claim 1 of the patent in suit.

1.2 While the appellant holds that an Mg2Si content of 0.03 mol.%, as calculated in A7 (Appendix C) for Example L of the contested patent, may be considered "substantially free of Mg2Si intermetallic particles" within the meaning of claim 1, it considers 0.04 mol.% or 0.05 mol.%, as calculated for alloys 9, 10 and 14 of O1/D1 in A7 (Appendix A), not substantially free of Mg2Si intermetallic particles.

The accuracy of these calculations has been contested by the respondents but without providing any evidence (such as measurements) to counter the results of A7. The board, likewise, does not have any concerns thereto. Consequently, the results of A7 are taken at face value.

Nonetheless, the board does not share the appellant's view. The term "substantially" in claim 1 of the patent in suit is to be construed broadly. Consequently not only amounts of 0.03% but also 0.04% or 0.05% are "substantially free of Mg2Si intermetallic particles".

1.3 In the appellant's view, given that claim 1 is a use-claim, the effect of an "improved fatigue failure resistance" in claim 1 should be accounted for as a distinguishing feature in the assessment of novelty, in line with G 2/88. The appellant also drew attention to T 231/85, which is referred to in G 2/88.

This argument is not convincing. The present case appears to be similar to the case underlying T 1855/06. According to this decision, the ratio decidendi of G 2/88 (OJ 1990, 93) and G 6/88 (OJ 1990, 114) cannot be applied if the purpose as indicated in the claims is not a new technical activity distinguishable from a known one but merely a discovery. If the alleged new effect is only the improvement of a known property, there is all the more reason to deny novelty (catchwords 2 and 3, reasons 6 and 7 of T 1855/06; cf. Case Law of the Boards of Appeal, 9th edition 2019, I.C.8.1.3 e).

In both the patent in suit (paragraphs [0002-0005]) and O1/D1 (paragraph [0002]) the aluminium alloy product is used in aerospace applications. Since fatigue is already an important issue in O1/D1 (paragraph [0016], Figures 12-14), the use of a limited amount of silicon of claim 1 of the contested patent is not a new use or activity that is distinguishable from the known use in O1/D1.

The present situation is hence also quite different from that of T 231/85 (OJ 1989, 74; cf. Case Law I.C.8.1.1) where a given substance was used for different activities, namely, as fungicide and growth regulator (see headnote 1).

The finding of the contested patent that the absence of Mg2Si intermetallic particles in the alloy results in an "improved fatigue failure resistance" and of the related failure modes rather appears to be the ex-post-facto discovery of the underlying mechanism in the known use in O1/D1.

Consequently, this feature cannot confer novelty.

1.4 The appellant is of the opinion that O1/D1 does not literally disclose the absence of Mg2Si intermetallic particles.

Admittedly, O1/D1 does not explicitly mention Mg2Si intermetallic particles. However, the fact that the alloy is "substantially free of Mg2Si intermetallic particles" within the meaning of claim 1 (see point 1.2 above) has been shown in A7 (Appendix A). Consequently, this feature is implicitly disclosed in O1/D1.

Whether the skilled person would have expected an improved fatigue performance of the comparative alloys 9, 10 and 14 of O1/D1 is irrelevant for the assessment of novelty.

1.5 For these reasons, the subject-matter of claim 1 of the patent as granted is anticipated by O1/D1 (Article 54(1) and (2) EPC).

1.6 Even if (arguendo) not all the alloys having the concentrations of claim 1 of the patent in suit were substantially intermetallic particle free, the main request would not be allowable.

In this event, the invention would not be sufficiently disclosed, and the requirements of Article 83 EPC would not be met for the reasons put forward under point 4 below with regard to auxiliary request 3.

2. Auxiliary request 1

The additional feature "in order to eliminate fatigue failure due to crack initiation at Mg2Si particles" in claim 1 further explains why the limited amount of silicon "improve[s] fatigue failure resistance" (see also the explanations given in paragraphs [0025, 0026] of the application as originally filed). Consequently, this feature corresponds to the discovery of an underlying mechanism, not to a new activity (just as the feature "improved fatigue failure resistance" in the main request).

Hence, for analogous reasons as the main request, the new feature cannot confer novelty. Thus, auxiliary request 1 does not fulfil the requirements of Article 54 (1) and (2) EPC vis-à-vis O1/D1, either.

3. Auxiliary request 2

The amendment in claim 1 of auxiliary request 2 that the aluminium alloy product is actually a plate with a specific thickness contradicts dependent claim 2 according to which the alloy product may be, besides a plate, a "sheet, extrusion, forging or casting", as has for instance been objected by respondent 1 on page 19, second full paragraph of its reply to the appeal).

Since the new feature has been taken from the description, namely, from paragraph [0028] of the application as originally filed, this non-compliance with Article 84 EPC is introduced by the amendment, and clarity may be examined (G 3/14, catchword, OJ 2014, A87).

Consequently, auxiliary request 2 fails because of non-compliance with Article 84 EPC.

4. Auxiliary request 3

Claim 1 of auxiliary request 3 differs from that of the main request in that the word "substantially" in the expression "for rendering the alloy substantially free of Mg2Si intermetallic particles" has been deleted.

For the following reasons, this amendment results in non-compliance with Article 83 EPC.

The contested patent itself does not disclose the Mg2Si concentrations of the samples in Tables II, III and 4 of the patent in suit. These concentrations are only given in A7 (Appendix C).

Accordingly, samples A-C (Table II), J, K (Table III) and V and W (Table 4) of the contested patent, which are labelled "Invention", are indeed free of Mg2Si intermetallic particles (Mg2Si content of 0.00 mol.%). On the other hand, the remaining samples of the contested patent that are also labelled "Invention", namely, samples D, I, L and X, do contain small amounts of Mg2Si, although their compositions satisfy the concentration ranges of claim 1.

However, apart from the concentration ranges in claim 1, there is no additional guidance in the contested patent as to how alloy products that are Mg2Si intermetallic particle free can be obtained, such as an indication of even more specific sub-ranges of the concentrations or specific process steps during the preparation of the alloy.

Consequently, the skilled person would have had to determine the alloys that are free of intermetallic particles by trial and error within the concentration ranges of claim 1. Given the number and size of these ranges, such experimentation would have amounted to an undue burden.

In other words, the skilled person could not have carried out the invention without undue burden over the whole ambit of claim 1 with the information of the entire patent, even when complemented by their common general knowledge.

Hence, auxiliary request 3 does not meet the requirements of Article 83 EPC.

5. Auxiliary request 4

For the same reason, auxiliary request 4 also does not fulfil the requirements of Article 83 EPC.

6. Auxiliary request 5

For the following reasons, auxiliary request 5 does not fulfil the requirements of Article 123(2) EPC.

According to the appellant, the amended upper Si limit in claim 1 of auxiliary request 5 is based on samples A, V and W in Tables II and 4 of the application as originally filed.

However, these tables also contain further samples. For each sample, in addition to the Si concentration, the concentrations of Fe, Cu, Mg, Zn and Zr are also given. There is no indication or suggestion in the originally filed documents that the upper limit of the silicon concentration in claim 1 may be amended in an isolated manner on the basis of specific alloy samples of the examples while the concentration ranges of the other compounds in claim 1 are kept unchanged.

There is no basis for amending the upper limit of Si but not that of Fe, which is, according to paragraph [0025], the other key compound for fatigue, and that of Mg, which reacts with Si to form Mg2Si.

T 201/83 as relied upon by the appellant in the given context, does not apply here since, according to that decision, the skilled person would have to have recognised that the isolated value (in the present case, the upper limit of the Si concentration in claim 1) was "not so closely associated with the other features of the example as to determine the effect of that embodiment of the invention as a whole in a unique manner and to a significant degree" (headnote), to comply with Article 123(2) EPC. This is not the case here since, as explained above, the Fe and the Mg concentrations are closely associated with the upper limit of the Si-concentration for the reasons given above.

7. Auxiliary request 6

For the following reasons, auxiliary request 6 does not fulfil the requirements of Article 123(2) EPC either.

In claim 1 of auxiliary request 6, the upper limit of Si and also Mg have been modified. According to the appellant, this amendment finds its basis in sample M in Table III of the contested patent.

However, the upper limit of Fe has remained unchanged. Yet, as explained under point 6, Fe is the other key compound for fatigue according to paragraph [0025] of the application as originally filed, and there is no basis for selectively amending the upper limits of Si and Mg but not that of Fe.

8. Auxiliary requests 7-9

According to the appellant, the alloy of claim 1 of these requests has been restricted to one of several samples of Tables II, III and 4.

The third alloy in claim 1 of all these requests roughly corresponds to alloy samples 'C' and 'J' (Tables II and III respectively in the application as originally filed). However, the original Zr content of 0.120% in these samples has been replaced by 0.130%. Yet there is no basis for this modification in the application as originally filed.

Consequently, auxiliary requests 7-9 are not compliant with Article 123(2) EPC either.

Order

For these reasons it is decided that:

The appeal is dismissed.

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