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 Inventor 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
      • 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
  • 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
        • 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
      • Innovation against cancer
      • Innovation actors
        • Go back
        • Overview
        • Startups and SMEs
      • 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 0378/17 08-08-2019
Facebook X Linkedin Email

T 0378/17 08-08-2019

European Case Law Identifier
ECLI:EP:BA:2019:T037817.20190808
Date of decision
08 August 2019
Case number
T 0378/17
Petition for review of
-
Application number
10075150.2
IPC class
A23G1/18
A23G1/00
Language of proceedings
EN
Distribution
NO DISTRIBUTION (D)

Download and more information:

Decision in EN 417.42 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

Apparatus for continuous tempering of chocolate mass

Applicant name
Aasted ApS
Opponent name

Sollich KG

Bühler AG

Board
3.3.09
Headnote
-
Relevant legal provisions
European Patent Convention 123(2) (2007)
European Patent Convention 043(7) (2007)
Rules of procedure of the Boards of Appeal 012(4) (2012)
Rules of procedure of the Boards of Appeal 013(1) (2012)
Keywords

Main request and auxiliary request 7 - admission into the appeal proceedings (no)

Auxiliary requests 1 to 6 - added matter (yes)

Catchword
-
Cited decisions
T 0052/15
T 0390/07
T 0361/08
T 0922/08
T 1525/10
T 0140/12
T 1697/12
T 0143/14
T 2748/17
Citing decisions
-

I. The appeal was filed by the patent proprietor against the decision of the opposition division to revoke European patent No. 2 210 449.

II. In their notices of opposition the two opponents had requested the revocation of the patent in its entirety on the grounds of Article 100(a) (lack of novelty and lack of inventive step), 100(b) and 100(c) EPC.

III. In its decision the opposition division found that the main request and auxiliary requests 1 to 3 contained subject-matter extending beyond the content of the application as filed.

IV. The decision was appealed by the proprietor (appellant). In the statement setting out the grounds of appeal, filed by letter dated 5 April 2017, the appellant requested that the decision be set aside and that the oppositions be rejected (main request), or alternatively that the patent be maintained on the basis of one of auxiliary requests 1 to 6 enclosed with that letter. Further requests were filed by a letter dated 5 February 2019 (main request-bis and auxiliary requests 1-bis to 6-bis), and by a letter dated 20 June 2019 (new main request, replacing the previous main request).

V. In their replies to the statement setting out the grounds of appeal the opponents (respondent 1 and respondent 2) requested that the appeal be dismissed and that the main request and auxiliary requests 1 and 2 and 4 to 6 not be admitted into the appeal proceedings.

VI. In a communication issued in preparation for the oral proceedings the board drew the parties' attention to the points to be discussed.

VII. On 8 August 2019 oral proceedings took place before the board. During the oral proceedings the appellant withdrew the main request-bis and auxiliary requests 1-bis to 6-bis and filed auxiliary request 7. It requested that the decision under appeal be set aside and that the patent be maintained on the basis of:

- the main request, filed by letter of 20 June 2019, or alternatively

- one of auxiliary requests 1 to 6, filed by letter dated 5 April 2017, or alternatively

- auxiliary request 7, filed during the oral proceedings before the board.

The respondents requested that the appeal be dismissed and that the main request and auxiliary requests 1 and 7 not be admitted into the appeal proceedings. However, they withdrew their request that auxiliary requests 2 and 4 to 6 not be admitted.

At the end of the oral proceedings the chairman announced the decision.

VIII. Claim 1 of the main request reads (amendments over claim 1 as granted indicated by strike-through or underlined text):

"1. Apparatus (1, 36, 46, 51, 56[deleted: , 60, 66, 72, 74]) for continuous tempering of chocolate mass comprising a cooling stage (A), a crystallisation stage (B) and a mixing stage (C) arranged as a tempering column (2) as well as pump means (5) for the chocolate mass, characterised in, that a primary conduit (8, 9, 43, 49, 53, 58[deleted: , 62, 70, 76]) for chocolate mass flowing from the cooling stage (A) to the mixing stage (C) is arranged by-passing the stage (B) for creating crystals so that an amount of mass is by-passed outside the exchanger without being crystallised."

Claim 1 of auxiliary request 1 reads:

"1. Apparatus (1, 36, 46, 51, 56) for continuous tempering of chocolate mass comprising a cooling stage (A), a crystallisation stage (B) and a mixing stage (C) arranged as a tempering column (2) having disc-shaped chocolate chambers interconnected via chocolate channels and intermediary disc-shaped water chambers as well as a central shaft connected with stirring tools arranged in the chocolate chambers, as well as pump means (5) for the chocolate mass as an external pump provides a pressure for the flow of chocolate through the chambers of the apparatus, characterised in, that a primary conduit (8, 9, 43, 49, 53, 58) for chocolate mass flowing from stage (A) to stage (C) is arranged by-passing the stage (B) for creating crystals so that an amount of mass is by-passed outside the exchanger without being crystallised.

The underlined text contains an expression disclosed on page 5 of the description of the application as filed. This same feature is also found in claim 1 of each of auxiliary requests 2 to 6.

Claim 1 of auxiliary request 7 differs from claim 1 of auxiliary request 1 in that the expression:

"...while the remaining mass is flowing through the crystallisation stage and thereafter the two streams are mixed in the mixing stage."

was added at the end of the claim.

IX. The appellant's arguments, where relevant to the decision, may be summarised as follows.

The main request was to be admitted into the appeal proceedings. Although this request corresponded essentially to the granted claims, which were not maintained during the opposition proceedings, the then patent proprietor had not surrendered the granted subject-matter. Thus, the appellant had to be allowed to reinstate that subject-matter during the appeal proceedings.

Auxiliary request 1 was to be admitted because it was filed at the earliest possible stage in the appeal proceedings, namely together with the statement of grounds of appeal, and addressed the objections which had led to the revocation of the opposed patent.

Auxiliary request 1 did not contain added subject-matter extending beyond the content of the application as filed. The amendment requiring that an amount of the chocolate mass was bypassed outside the exchanger without being crystallised was directly and unambiguously disclosed in the passage on page 5 lines 15-18 of the application as filed. Omitting the following statement of this passage, which required the remaining stream to flow through the crystallisation stage and that thereafter the two masses were brought together and mixed, did not create new subject-matter, because these requirements were implicit for the skilled person reading the claim and taking into account how the invention was carried out.

Auxiliary request 7 was filed during the oral proceedings before the board to address the negative finding of the board that auxiliary requests 1 to 6 contained added subject-matter. This finding was rather unexpected and could not have been foreseen by the appellant. Therefore, there were good reasons for the appellant to file this request during the oral proceedings and for the board to admit it.

X. The respondents' arguments, where relevant to the decision, may be summarised as follows.

During the opposition proceedings the then patent proprietor had deliberately replaced its original request based on the granted claims with claims of more limited scope. By doing so it had prevented the opposition division from deciding on critical points raised by the opponents. For this reason the main request, which corresponded essentially to the granted claims, was not to be admitted into the appeal proceedings.

Auxiliary request 1 was also not to be admitted, because it could have been filed during the opposition proceedings. Furthermore, this request contained added subject-matter extending beyond the content of the application as filed. The requirement that an amount of the chocolate mass was bypassed outside the exchanger was mentioned on page 5 lines 15-18 of the application. However, this passage also required the remaining stream of chocolate to flow through the crystallisation stage and the two masses to be then brought together and mixed. Omitting these requirements created a new teaching extending beyond the content of the application as filed. The same arguments applied to auxiliary requests 2 to 6.

Auxiliary request 7 was filed at an extremely late stage of the appeal proceedings to address an objection which had already been set out in writing by respondent 1. The appellant had waited for the board's finding on the issue before actually reacting to the objection. This was not appropriate conduct. Thus, this request was not to be admitted into the appeal proceedings.

Main request

1. Admission

1.1 Claim 1 of the main request differs from the granted claim 1 in that the words "cooling" and "mixing" were added to the characterising part of the claim when referring to the stages (A) and (C) of the apparatus, and in that some reference signs were deleted.

1.2 These amendments are not associated with any change in the scope of the claims. The preamble of the granted claim 1 identifies stage (A) as the cooling stage and stage (C) as the mixing stage. It is immediately clear to the skilled person that the stages (A) and (C) mentioned in the characterising part of the granted claim are those same cooling and mixing stages. The board admits that the symbols (A) and (C) could be viewed as reference signs within the meaning of Rule 43(7) EPC, as argued by the respondents. Corresponding letters are indeed present in figures 1 and 2 and 5 to 13. However, within claim 1 these symbols do also unambiguously identify the stages of the apparatus. This cannot be ignored when reading and interpreting this claim. Any other interpretation of claim 1 would not make technical sense. Thus, the addition of the wording "cooling" and "mixing" to the characterising part of claim 1 of the main request does not change the scope of claim 1.

1.3 The deletion of some reference signs from the granted claim 1 also does not change the scope of the claimed subject-matter. Furthermore, the deleted signs concern embodiments of the invention represented in figures 10 to 13, which are not covered by this claim (the primary conduit not passing outside the exchanger).

1.4 For these reasons it can be concluded that the subject-matter of claim 1 of the main request corresponds essentially to that of granted claim 1.

1.5 The granted claims coincide with those of the initial main request of the then patent proprietor in the opposition proceedings. In the communication issued in preparation for the oral proceedings before the opposition division, the preliminary opinion was expressed that those granted claims lacked novelty over D16, D20 and possibly D17, and that these issues needed to be discussed during the hearing. In reply to this opinion the patent proprietor filed claims of more limited scope.

1.6 The appellant stated that with this replacement the then patent proprietor intended to address the objections raised by the opposition division in its preliminary opinion and to streamline the opposition proceedings. The then patent proprietor had however not surrendered the subject-matter defined in the granted claims. Thus, this subject-matter could be reinstated during the appeal proceedings. In this context, referring to the Case Law of the Boards of Appeal, 8**(th) edition, IV.E.3.2f, the appellant argued that in appeal proceedings proprietors always have the right to reinstate their patent as granted.

1.7 The board does not agree. Under Article 12(4) RPBA a board of appeal has the discretionary power to refuse to admit requests filed with the grounds of appeal which could have been presented or were not admitted in proceedings before the department of first instance. In the board's view, this applies particularly to a request that was filed during proceedings before the department of first instance and subsequently withdrawn. Withdrawing the request in opposition proceedings the patent proprietor prevented the opposition division from providing an appealable decision on the subject-matter defined in the granted claims. The reintroduction of the previously withdrawn request on appeal runs counter to the main purpose of inter partes appeal proceedings, namely to give the losing party the possibility of challenging the decision of the opposition division on its merits. Although Article 12(4) RPBA applies to requests filed with the grounds of appeal, under Article 13(1) RPBA the board's discretion extends to requests which, like the present one, were filed at a later stage of the appeal proceedings.

1.8 Even if, in principle, a proprietor could not be prevented from reverting to the patent as granted, it would be illogical if this right could be exploited without restrictions. For example, a proprietor may not steer the appeal proceedings in a manner which undermines the main purpose for which the proceedings were intended, i.e. to give a judicial review on what was decided at first instance. This would also result in the board being precluded from exercising its discretionary power under Articles 12(4) and 13(1) RPBA in these cases.

1.9 Although there have been decisions where the boards have allowed patent proprietors to reinstate broader requests which had been withdrawn or were not maintained during the opposition proceedings, numerous decision have also been issued in which the board's discretion has been applied in a strict manner and such requests have not been admitted into the appeal proceedings (see the Case Law of the Boards of Appeal, 8**(th) edition, IV.E.4.3.2d and IV.E.4.5.1; T 52/15, T 390/07, T 361/08, T 922/08, T 1525/10, T 140/12, T 1697/12, T 143/14). This appears to be the current predominant approach applied by the boards.

1.10 The present board endorses the principle that the admission of any such request is under the board's discretion, taking into account inter alia whether the undecided issues are critical for the board's decision, their complexity and possibly also the reasons for not maintaining that request before the first instance.

1.11 In the present case considering that:

- the undecided technical issues are complex and also critical for a decision to be taken by the board (e.g. with regard to Article 54(2) EPC),

- these issues could not be decided upon by the opposition division as a consequence of procedural steps chosen by the proprietor during the opposition proceedings,

- there are no special reasons for admission into the appeal proceedings,

the main request is not admitted into the appeal proceedings (Article 13(1) RPBA).

Auxiliary request 1

2. Admission

2.1 Auxiliary request 1 was filed for the first time with the statement of grounds of appeal. It differs however significantly, and is substantially more limited in scope with respect to the granted claims. Furthermore, claim 1 specifies that the apparatus contains chambers which are "disc-shaped". This characterisation addresses the opposition division's objection in the appealed decision that the failure to indicate the shape of the chambers added subject-matter that extended beyond the application as filed.

2.2 Considering that auxiliary 1 was filed at the earliest stage in the appeal proceedings, is significantly more limited in scope compared to the granted claims and addresses the grounds of revocation, this request is admitted into the appeal proceedings.

3. Added subject matter

3.1 Claim 1 of auxiliary requests 1 requires that:

"...a primary conduit (8, 9, 43, 49, 53, 58) for chocolate mass flowing from stage (A) to stage (C), is arranged by-passing the stage (B) for creating crystals so that an amount of mass is by-passed outside the exchanger without being crystallised"

3.2 This feature was not present in claim 1 of the patent application as filed. As the basis for this amendment, the appellant referred to the passage on page 5, lines 15-18 of the application as filed. However, this passage also requires that:

"...the remaining stream of the mass is flowing through the crystallisation stage for creating crystals in the mass". The passage continues: "Thereafter the two streams of mass are brought together and mixed in the mixing stage".

3.3 These two requirements exclude the presence of any other conduit, beyond the primary one, transporting chocolate outside the exchanger defined on page 5. These requirements are however not present in claim 1 of auxiliary request 1. The board does not follow the appellant's argument that the skilled reader would necessarily rule out the presence of any other such conduit in the claimed apparatus.

3.4 As submitted by opponent 1, a further conduit transporting chocolate outside the crystallisation stage could indeed be present in the system to direct a part of the chocolate mass to another stage of the apparatus or to a different manufacturing step or process. These alternative embodiments are technically feasible and are not excluded by claim 1. They are however excluded by the passage on page 5 lines 15-18 of the application as filed which was relied upon by the appellant for amending claim 1.

3.5 For these reasons, the amendment introduced in claim 1 of auxiliary request 1 introduces new subject-matter which is not disclosed in the application as filed (Article 123(2) EPC).

Auxiliary requests 2 to 6

4. Added subject-matter

4.1 Claim 1 of auxiliary requests 2 to 6 include the same amendment mentioned above (points 3.1 and 3.2), which characterises claim 1 of auxiliary request 1.

4.2 Accordingly, the reasons for the finding that auxiliary request 1 adds subject-matter extending beyond the content of the application as filed apply equally to auxiliary requests 2 to 6 (Article 123(2) EPC).

Auxiliary request 7

5. Admissibility

5.1 Claim 1 of auxiliary request 7 was amended adding the expression

"...while the remaining mass is flowing through the crystallisation stage and thereafter the two masses are mixed in the mixing stage."

at the end of claim 1 of auxiliary request 1.

5.2 This amendment was made during the oral proceedings before the board to overcome the negative finding of the board that auxiliary requests 1 to 6 contained added subject-matter. According to the appellant the reason for filing this request during the hearing was that the board's finding was unexpected and could not be foreseen.

5.3 The board does not consider this an acceptable justification for such late filing. The objection leading to this finding was not a new one. In its letter dated 15 June 2017, on page 7, opponent 1 had already argued that the failure to include the aforementioned expression into a claim requiring a part of the chocolate to bypass the crystallisation stage added new originally undisclosed subject-matter.

5.4 Furthermore, in its communication in preparation for the oral proceedings, the board had explicitly indicated that the basis for the feature requiring the presence of a conduit allowing chocolate to bypass the exchanger needed to be discussed. Despite this, the appellant did not file in due time any set of claims addressing this point and waited until the oral proceedings to do so.

5.5 The board considers it inappropriate conduct for a party to wait until the last minute of the oral proceedings to file a request addressing a point already raised during the written proceedings. Therefore, taking into account the stage of the appeal proceedings and the need for procedural economy, the board decided not to admit auxiliary request 7 into the appeal proceedings (Article 13(1) RPBA and decision T 2748/17).

Order

For these reasons it is decided that:

The appeal is dismissed.

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