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

    Patent knowledge

    Access our patent databases and search tools.

    Go to overview 

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

    UP search

    Learn about the Unitary Patent in patent knowledge products and services

  • Applying for a patent

    Applying for a patent

    Practical information on filing and grant procedures.

    Go to overview 

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

    UP

    Unitary Patent

  • Law & practice

    Law & practice

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

    Go to overview 

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

    legal text

    Legal texts

  • News & events

    News & events

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

    Go to overview 

     

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

    Podcast

    Listen to our podcast

  • Learning

    Learning

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

    Go to overview 

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

    European Patent Academy

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

  • About us

    About us

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

    Go to overview 

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

    about us

    Patent Index 2022

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

Recent decisions

Overview
  • 2023 decisions
  • 2022 decisions
  • 2021 decisions
https://www.epo.org/en/node/t181024eu1
  1. Home
  2. T 1024/18 01-03-2022
Facebook Twitter Linkedin Email

T 1024/18 01-03-2022

European Case Law Identifier
ECLI:EP:BA:2022:T102418.20220301
Date of decision
01 March 2022
Case number
T 1024/18
Petition for review of
-
Application number
12183745.4
IPC class
A61F 13/15
Language of proceedings
EN
Distribution
DISTRIBUTED TO BOARD CHAIRMEN (C)

Download and more information:

Decision in EN 650.5 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 and method for forming absorbent cores

Applicant name
Curt G. Joa, Inc.
Opponent name
GDM S.p.A.
Board
3.2.06
Headnote
-
Relevant legal provisions
European Patent Convention Art 54
European Patent Convention Art 123(2)
European Patent Convention Art 84
Keywords

Novelty - public prior use

Novelty - obligation to maintain secrecy (no)

Amendments - auxiliary requests 1 and 3

Amendments - added subject-matter (yes)

Claims - support in the description (no)

Catchword
Necessity to adapt the description (Reasons 3)
Cited decisions
T 1989/18
T 1808/06
T 0977/94
T 0300/04
G 0010/91
Citing decisions
T 2766/17
T 1968/18
T 3097/19
T 0121/20
T 2378/13
T 2293/18
T 2685/19
T 1516/20

I. An appeal was filed by the appellant (opponent) against the decision of the opposition division rejecting the opposition to European patent No. 2 609 899. It requested that the decision under appeal be set aside and the patent be revoked.

II. In its reply to the grounds of appeal, the respondent (patent proprietor) requested that the appeal be dismissed (main request) or, in the alternative, that the patent be maintained according to one of auxiliary requests 1 to 3.

III. The following documents and evidence are relevant to the present decision:

E3 Invoice no. 648/V1, of 30 July 2009

E4 Excerpts from the Operating and maintenance manual of 'AT 450 Neos 3 Flex Adult' diaper machine

E10 Email exchange between the representatives of the appellant and respondent of 31 October 2017.

Witness statements of Mr Claessens and Mr Berg as recorded during the opposition proceedings (see annexes to the minutes, pages 1/40 to 40/40 and pages 1/8 to 8/8)

IV. The Board issued a summons to oral proceedings and a subsequent communication containing its provisional opinion, in which it indicated inter alia that the sale of the Neos machines by GDM S.p.A. (hereafter "GDM") to SCA Hygiene Products Gennep B.V. (hereafter "SCA") appeared to render these available to the public such that the alleged prior use Neos 3 was prejudicial to the novelty of the subject-matter of claim 1 of the main request. It further indicated that the subject-matter of claim 1 of auxiliary requests 1 and 3 appeared to extend beyond the content of the application as filed, but that the subject-matter of claim 1 of auxiliary request 2 seemingly involved an inventive step.

V. With letter of 11 November 2021 the respondent indicated that it would not attend the scheduled oral proceedings.

VI. In a further communication of 25 November 2021 the Board indicated that a description adapted to the claims of auxiliary request 2 had not been filed and that the respondent may wish to consider the advisability of filing such a description.

VII. Oral proceedings by videoconference were held before the Board on 1 March 2022 in the absence of the respondent.

VIII. The parties' final requests by the end of the oral proceedings were unchanged from those indicated in points I. and II. above.

IX. Claim 1 of the main request reads as follows:

"A method of forming an absorbent core comprising:

at a first core-forming drum (10, 12B), forming a first core (26B) having a superabsorbent polymer and fluff mixture layer;

at a first debulking unit (20), debulking said first core;

at a second core-forming drum (10, 12S), forming a second core (26S) having a second super absorbent polymer and fluff mixture layer;

at a second debulking unit (20), debulking said second core;

after debulking said first core, conveying at a first speed said first core towards said second core-forming drum;

after debulking said second core, receiving said second core at a second speed at a core acceleration unit (22), said second speed being less than said first speed;

with said acceleration unit, accelerating the second, smaller core from the second speed to substantially match the first speed; and

depositing said second core from said core acceleration unit onto said first core."

Claim 1 of each of auxiliary requests 1 to 3 respectively is appended to this decision.

X. The appellant's arguments relevant to the present decision may be summarised as follows:

Main request

The subject-matter of claim 1 lacked novelty over the Neos 3 prior use. There was no obligation on SCA to maintain secrecy regarding the Neos 3 production line sold to it by GDM. This was independently confirmed by the witnesses Mr Claessens and Mr Berg heard before the opposition division. The sale of the Neos 3 production line as evidenced by E3 thus confirmed its public availability. All features of claim 1 were also disclosed by each of the Neos production lines (Neos, Neos 2 and Neos 3) as pages 22/40 to 23/40 of Mr Claessens's witness statement showed. The essential process and the technical features of each of these three production lines were thus in principle the same. Therefore, the opposition division's doubts relating to improvements and adaptations of the Neos 3 production line did not relate to these 'same' features of Neos 3 which anticipated the claimed subject-matter.

Auxiliary request 2

The sole description on file was not consistent with the claims of auxiliary request 2. Claim 1 defined a non-woven web atop which a first continuous core was formed and a further non-woven web atop which a second continuous core was formed. In contrast to this, the first embodiment of the invention, disclosed in paragraphs [0047] to [0051] of the description, did not form the first or second continuous core atop a respective non-woven web, but rather formed these on a 'screen' (see col. 9, line 37). At least this inconsistency between the claims and description resulted in auxiliary request 2 failing to meet the requirements of Article 84 EPC.

XI. The respondent's arguments may be summarised as follows:

Main request

Even if sufficiently substantiated, the public availability of the Neos 3 prior use was not proven beyond reasonable doubt, which was the appropriate standard to apply. The commercial and technical relationship between GDM and SCA was strongly suggestive that at least a tacit obligation of secrecy existed. This view was supported by: visitors to the SCA facility signing confidentiality agreements (see Mr Claessens's witness statement, page 7/40, lines 6 to 10); SCA not communicating information regarding the Neos machines to others (see pages 9/40 and 37/40); the Neos machines being housed in a separate facility to SCA's other production lines (see page 39/40); and the operating and maintenance manual E4 containing confidential know-how (see E10). The commercial and technical relationship that existed between GDM and SCA was strongly suggestive of the existence of a tacit obligation to keep the information relating to the Neos 3 production line secret. Any co-development of the Neos 3 production line also suggested a desire to keep this confidential.

Auxiliary request 1

All features introduced into claim 1 were explicitly disclosed at page 17, lines 7 to 14 of the application as filed. The subject-matter of claim 1 thus met the requirement of Article 123(2) EPC.

Auxiliary request 3

The amendments to claim 1 of this request overcame the objections raised to the corresponding request before the opposition division.

Main request

1. Novelty

The subject-matter of claim 1 lacks novelty over the prior use "AT 450 Neos 3 Flex Adult" diaper production line (hereafter, simply "Neos 3").

1.1 In its decision, the opposition division found that the prior use was sufficiently substantiated at least by the Neos 3 diaper production line. The technical features of the production line were disclosed in E4 and evidence of the sale to SCA in 2009 was proven by invoice E3. It however found that:

(a) The alleged prior use was not made publicly available by the sale to SCA; and

(b) The prior use lacked relevance in that it did not disclose all features of claim 1.

1.2 Public availability

1.2.1 According to established case law, the sale of an apparatus is, in the absence of any special circumstances limiting the freedom to divulge details thereof, sufficient to render the technical details of the apparatus available to the public. The sale by GDM of the Neos 3 production line to SCA in 2009, as evidenced by E3, has not been questioned. However, the Board finds, contrary to the opposition division, that there is no evidence of confidentiality, not even tacitly so, which restricted SCA from freely divulging details of the production line to any third party.

1.2.2 The Board concurs with the respondent and the opposition division that the 'beyond reasonable doubt' standard of proof is appropriate for the prior use to be seen as proven. The respondent's arguments relating to various statements of the witnesses to show that doubt exists to the public availability of the Neos 3 production line are however not persuasive.

(a) In regard to signing confidentiality agreements, on page 7/40, lines 6 to 10 of Mr Claessens's testimony, the witness states, 'I know that some [visitors] have to do, I know that some are not requested to'. This does not allow any conclusion that a blanket condition of confidentiality applied to visitors to the Neos 3 production line. Quite the contrary, it shows that SCA had the freedom to disclose the Neos 3 production line to whom it wished.

(b) As regards SCA allegedly not communicating information regarding the Neos 3 production line to others, this cannot be concluded from the witness statements. On page 9/40, 2nd last paragraph, of his testimony, Mr Claessens states 'we do not kind of openly communicate issues of GDM to others, but it's not a secrecy agreement'. This further enforces that no confidentiality agreement was in place restricting SCA from divulging details of the Neos 3 production line to a third party.

(c) Mr Claessens's statement on page 37/40, 4th paragraph, that the operating and maintenance manual (E4) would not be shown to competitors, would however not have restricted a third party, on visiting the production line, from understanding its operation and the process steps employed in forming the absorbent core. Indeed, from a real life perspective it would be entirely normal and indeed expected not to show such a manual to the vast majority of visitors.

(d) That the Neos 3 machine was housed in a separate facility to the other production lines at SCA and visitors could take pictures only of their own equipment (see page 39/40) fails to prove that third parties had no access to the Neos 3 production line. Taking a photo is not a prerequisite for a production line to be considered available to the public.

(e) The respondent's reference to E10 with the argument that the operating and maintenance manual E4 contained confidential know-how and that the production line was thus to be seen as confidential, is not accepted. Even if it were accepted that the 'Client's know-how' referred to in E10 was actually 'confidential know-how', this fails to cast doubt on the public availability of the Neos 3 production line for which no evidence of the existence of a secrecy agreement has been provided. Indeed the statements from the witnesses confirm the precise opposite.

1.2.3 The respondent's argument that a tacit obligation not to divulge details of Neos 3 must have existed due to the commercial and technical relationship that existed between GDM and SCA is held to be mere conjecture lacking foundation. According to the witness Mr Berg, indicated as commercially responsible for the acquisitions of Neos 2 and Neos 3 and for preparing, negotiating and signing the purchase contracts on SCA's behalf, there was no joint development project between GDM and SCA (see Mr Berg's testimony, questions and answers bridging pages 3-4/8 and 5-6/8, respectively). Irrespective of this, any possible existence of a commercial and technical relationship existing between GDM and SCA before the sale of the machines also does not allow a conclusion that a tacit obligation of confidentiality existed once the machines were sold to SCA and became its sole property. In fact, the sole secrecy agreements referred to by the witnesses (see Mr Berg's statement, page 4/8, line 6 onwards and page 7/8, last paragraph) relate to GDM being prohibited from divulging any detail of the SCA production facilities, rather than any restrictions being placed on SCA relating to the purchase of the Neos 3 production line. It is noteworthy that, despite a secrecy agreement restricting GDM from divulging details of the SCA facilities, no agreement is referred to by the witnesses, let alone has been filed, obliging SCA to similar secrecy with respect to the purchased Neos 3 production line. The lack of an agreement limiting SCA from divulging detail of Neos 3 is thus found by the Board to be proven beyond all reasonable doubt.

1.2.4 As regards the respondent's specific argument that any co-development of the Neos 3 production line would suggest a desire to keep it confidential, this is also not accepted. Page 24/40, first paragraph of Mr Claessens's testimony states that, in principle, the basic process carried out in the Neos, Neos 2 and Neos 3 production lines was the same, any such [co-developed] modifications relating to e.g. easier maintenance. In this regard it is firstly noted that Neos and Neos 2 relate to production lines sold by GDM to SCA in 2001 and 2004 respectively and, as such, are predecessors to the Neos 3 production line. It is further noted that, in the entirety of its submissions in the appeal proceedings, the respondent has not countered the appellant's argument that the Neos, Neos 2 and Neos 3 production lines each disclosed all the technical features of claim 1. Thus, even if, despite Mr Berg's testimony (see point 1.2.3 above), joint, cooperative modifications and developments took place on the Neos 3 production line, any such modifications and developments would not have been to the fundamental method of manufacturing the absorbent cores which remained constant between the three production lines, this notably not having been disputed by the respondent. Consequently, the modifications and developments would not, even if they were co-developed under secrecy, for which there is anyway no evidence or suggestion, restrict the basic process of the production line from being available to the public merely by way of the unfettered sale of the Neos 3 production line to SCA.

1.2.5 In conclusion, the Board thus finds it to be proven beyond reasonable doubt that the sale of the Neos 3 production line occurred without any obligation to confidentiality. Consequently, the sale of the Neos 3 production line, as evidenced by E3, is seen to have rendered the (relevant) technical details of the Neos 3 production line available to the public.

1.3 Technical features of Neos 3

1.3.1 In point 2.4.3.5 of the opposition division's decision, the conclusion was reached that a gap existed in the precise technical features of the diaper production lines due to one of the witnesses being unable to confirm whether the operating and maintenance manual (E4) included improvements and adaptations made to the machines.

1.3.2 In reaching that conclusion, the opposition division referred to page 22/40 of Mr Claessens's statement. It however failed to properly reflect further questioning on this subject by the opposition division itself on page 23/40 as to whether the adaptations and improvements related to the basic features of the machines in the Neos, Neos 2 and Neos 3 production lines. To this the witness replied (see page 24/40) that "[the basic machines] were the same. I can well imagine that we did small improvements to have a problem solved or easier maintenance or things like that. But in principle the process was the same."

1.3.3 From this it is clear that the fundamental operation of all three of the alleged prior used production lines, as detailed with respect to Neos 3 in E4, was the same (this also not being disputed by the respondent, see point 1.2.4 above), the sole differences, if any, in Neos 3 amounting to improvements and adaptations, for example, to enable easier maintenance. This is further supported on page 9/40 of Mr Claessens's testimony which states, 'a big portion of the machine is common supply' which in the context of the witness questioning implies that the production line is not specific to SCA requirements and any improvements and adaptations would not affect the fundamental steps used to manufacture the core in the Neos 3 production line. Consequently, it is inconceivable that any improvements and adaptations would have altered the fundamental operation of the core elements of the production line.

1.3.4 Lastly, in its reply to the appellant's statement of grounds of appeal, the respondent did not contest that any features of claim 1 were not disclosed by the Neos 3 production line.

1.3.5 From all the above points, the Board concludes that the prior use Neos 3 discloses all features of claim 1.

1.4 In summary, therefore, the Board finds it to be proven beyond all reasonable doubt that Neos 3 was sold and used without any confidentiality while disclosing all features of claim 1. Consequently the subject-matter of claim 1 lacks novelty (Article 54 EPC) over the prior use Neos 3. The main request is thus not allowable.

2. Auxiliary request 1

2.1 Article 123(2) EPC

The subject-matter of claim 1 fails to meet the requirement of Article 123(2) EPC.

2.1.1 The Board in its preliminary opinion (see item 3.1.1) indicated that the subject-matter of claim 1 appeared to extend beyond the content of the application as filed, contrary to Article 123(2) EPC. This was due to the features of the embodiment on page 17, lines 7 to 14 as filed, provided by the respondent as the basis for the amended claim, disclosing the manufacture of a continuous large and small core which was subsequently cut into discrete core forming units, not having been included in claim 1. This resulted in an unallowable intermediate generalisation of the content of the application as originally filed.

2.1.2 To this preliminary opinion, the respondent provided no counter-arguments.

2.1.3 The Board thus confirms its preliminary opinion herewith; the subject-matter of claim 1 extends beyond the content of the application as filed, contrary to the requirement of Article 123(2) EPC. Auxiliary request 1 is thus not allowable.

3. Auxiliary request 2

3.1 Article 84 EPC

3.1.1 One of the requirements of Article 84 EPC is that the "claims ... shall be ... supported by the description". According to long established case law of the Boards of Appeal, this has been interpreted as requiring the entirety of the description to be consistent with any claims found to meet the requirements of the EPC. In this context see, for example: T0977/94, Reasons 6.1; T 0300/04, Reasons 5; T 1808/06, Reasons 2, first paragraph.

3.1.2 That this is the established case law of the Boards can also be gleaned from the Rules of Procedure of the Boards of Appeal (RPBA 2020) where, with regard to Article 11 thereof, the explanatory remarks (see the second paragraph thereof) deal with the case where remittal to the department of first instance is still provided for the purpose of adaptation of the description.

3.1.3 In its preliminary opinion (see item 3.2), the Board indicated that the subject-matter of claim 1 of auxiliary request 2 appeared to involve an inventive step. The respondent subsequently stated that it would not attend the scheduled oral proceedings. In view of this, the Board indicated in its further communication of 25 November 2021 that a description adapted to the claims of auxiliary request 2 had not been filed and that the respondent may wish to consider the advisability of filing such a description. No adapted description was filed by the respondent in reply to that communication.

3.1.4 In view of the facts of the present case, not least that the respondent was explicitly given the opportunity to file an adapted description, the Board, having regard to the principle of procedural economy, did not find it appropriate to remit the case to the opposition division for the purpose of adaptation of the description (Article 111 EPC).

3.1.5 The Board concurs with the appellant's contention presented at oral proceedings that the sole description on file was not consistent with the claims of auxiliary request 2. As indicated by the appellant, claim 1 of auxiliary request 2 defined a non-woven web atop which a first continuous core was formed and a further non-woven web atop which a second continuous core was formed. In contrast to this, the first embodiment of the invention disclosed in paragraphs [0047] to [0051] of the description did not form the first or second continuous core atop a respective non-woven web, rather formed these on a 'screen' (see col. 9, line 37). Consequently at least this portion of the description is inconsistent with the claims of auxiliary request 2 i.e. the claims are not supported by the description as required by Article 84 EPC.

3.1.6 In the recent decision T 1989/18 (see particularly Reasons 5) addressing a similar issue to the present case of support of the claims by the description, the Board in that case found that inconsistencies in the description could not affect clarity of the claims since, according to Article 84 EPC, these in themselves had to be clear.

3.1.7 The present Board concurs that according to Article 84 EPC, claims must be clear in themselves. However, it is important to note that Article 84 EPC is not entitled "clarity of the claims", on which the Board in case T 1989/18 however put its emphasis, but simply "claims". Thus the provision relates to claims in general and actually covers three distinct requirements on claims, namely their clarity, their conciseness and their support by the description. According to the present Board, the criterion that the claims be "supported by the description" is not in any way subordinate to the requirement of "clarity" of the claims, but is a requirement of its own (as is conciseness of the claims).

3.1.8 Merely providing a part of the description which gives support to the claims appears to be at odds with the wording "supported by the description". Only providing such a part would be rather more akin to the claims having some form of basis in the description or being supported by "part" of the description, whereas the wording of Article 84 EPC requires support by "the description". To put this into context, to provide only support for the claims in one single passage of the description while the rest of the description might give a different or even contradictory meaning to the claims, would in essence negate the general meaning of the words "support by the description" and in fact would allow it to be reduced to a de minimis requirement of e.g. repetition of the claim wording while allowing the entire remaining description to be left to explain an entirely different invention to the one claimed.

3.1.9 Hence, the Board finds that the requirement in Article 84 EPC of the claims to be supported by the description includes the requirement that the description is consistent with the claims not only in some part but throughout. Considering also Article 84 EPC in the wider context of the EPC, this understanding of the provision seems to be in line with the standard of claim interpretation for national proceedings enshrined in Article 69(1) EPC, according to which the description is also to be taken into account when interpreting the claims. Inconsistencies between the claims and the description could thus - in particular in national proceedings - be the source of diverging interpretations as regards the scope of the claims. Accordingly, misinterpretation could be avoided in particular if inconsistent information contained in the description or drawings is already removed in the proceedings before the EPO. The importance of Article 84 EPC for the interpretation of claims in national proceedings is also documented in the "travaux préparatoires" of the EPC 1973. It emerges from the preparatory documents that a provision corresponding to the current Article 84 EPC, which was originally part of the Implementing Rules, was re-located to the Convention due to its importance for national infringement proceedings (cf. BR/51/70, point 18). Thus, the support requirement of Article 84 EPC also serves the aim to ensure legal certainty for national post-grant proceedings (as do the requirements of clarity and conciseness).

3.1.10 Thus, when amendments are made to the claims (amendment to the granted claims in the present case), the description must be made consistent therewith in the sense that a reader is not presented with any information conflicting with the wording of the claims. Embodiments of the invention which are not consistent with the claims must therefore be deleted or must be clearly identifiable to the reader, for example by rewording of relevant passages to indicate that such passages are not, or are no longer, part of the invention. All of the latter adaptations are indeed common practice when making claim amendments.

3.1.11 When such issues can be addressed it therefore makes sense, even if only from a practical point of view, that such issues be addressed. Indeed, G 10/91 (see Reasons 19) requires that any amendments to a patent are compatible with the requirements of the EPC and does not simply look at the claims being allowable.

3.1.12 The Board thus finds that, at least due to the identified inconsistency between the claims and the description, the claims are not supported by the description. Consequently the requirement of Article 84 EPC that the claims be supported by the description is not met. Auxiliary request 2 is therefore not allowable.

4. Auxiliary request 3

4.1 Article 123(2) EPC

The subject-matter of claim 1 fails to meet the requirement of Article 123(2) EPC.

4.1.1 The Board in its preliminary opinion indicated that the subject-matter of claim 1 of auxiliary request 3 appeared to extend beyond the content of the application as filed, contrary to Article 123(2) EPC. This was due to the omission of the continuous cores and related anvil/knife units from claim 1.

4.1.2 To this preliminary opinion the respondent provided no counter-arguments.

4.2 In the absence of any reason to alter its preliminary opinion, the Board hereby confirms it. The subject-matter of claim 1 extends beyond the content of the application as filed, contrary to the requirement of Article 123(2) EPC. Auxiliary request 3 is thus not allowable.

Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The patent is revoked.

Footer - Service & support
  • Service & support
    • 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