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

    Patent knowledge

    Access our patent databases and search tools.

    Go to overview 

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

    UP search

    Learn about the Unitary Patent in patent knowledge products and services

  • Applying for a patent

    Applying for a patent

    Practical information on filing and grant procedures.

    Go to overview 

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

    UP

    Unitary Patent

  • Law & practice

    Law & practice

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

    Go to overview 

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

    legal text

    Legal texts

  • News & events

    News & events

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

    Go to overview 

     

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

    Podcast

    Listen to our podcast

  • Learning

    Learning

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

    Go to overview 

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

    European Patent Academy

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

  • About us

    About us

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

    Go to overview 

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

    about us

    Patent Index 2022

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

Recent decisions

Overview
  • 2023 decisions
  • 2022 decisions
  • 2021 decisions
https://www.epo.org/en/node/t181598eu1
  1. Home
  2. T 1598/18 (Multispectral skin imaging / HID 3) 23-06-2021
Facebook Twitter Linkedin Email

T 1598/18 (Multispectral skin imaging / HID 3) 23-06-2021

European Case Law Identifier
ECLI:EP:BA:2021:T159818.20210623
Date of decision
23 June 2021
Case number
T 1598/18
Petition for review of
-
Application number
05857436.9
IPC class
G06K 9/00
Language of proceedings
EN
Distribution
NO DISTRIBUTION (D)

Download and more information:

Decision in EN 343.17 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

MULTISPECTRAL IMAGING BIOMETRICS

Applicant name
HID Global Corporation
Opponent name
Idemia Identity & Security France
Board
3.5.06
Headnote
-
Relevant legal provisions
European Patent Convention Art 123(2)
European Patent Convention Art 123(3)
European Patent Convention Art 84
Rules of procedure of the Boards of Appeal Art 13(2)
Keywords

Amendments - added subject-matter (no)

Amendment after summons - exceptional circumstances (yes)

Catchword
A new definition or the re-defining of a known term does not add subject matter, if there is pertinent disclosure in the application as a whole (point 18).
Cited decisions
T 1294/16
Citing decisions
T 1065/18
T 1079/18
T 1968/18
T 2604/18
T 2920/18
T 2111/19
T 0546/21
T 0235/20
T 0499/20
T 2295/19

I. The appeal is against the decision of the Opposition Division to revoke European patent number EP 1789908 B1 (the patent in suit). The notice of opposition raised all grounds of opposition (Article 100(a), (b) and (c) EPC). The decision found the patent as granted (main request) to extend beyond the subject matter of the application as filed (Article 100(c) EPC), and found all other requests to suffer from the same deficiency (under Article 123(2) EPC).

II. The appellant (patent proprietor) initially requested "to withdraw the decision revoking the ... European patent, to determine the opposed patent as granted as complying with Article 123(2) EPC and to remit the case to the Opposition Division (OD) for further prosecution", in the alternative for further prosecution on the basis of one of seven auxiliary requests. Auxiliary requests numbered 1, 2, 3, 4, 5.1 and 5.2 were the same as before the first instance. Auxiliary request 1.2 was filed during appeal proceedings, after the reply by the respondent, to be inserted between auxiliary requests 1 and 2.

III. The respondent requested to "reject the appeal" and "revoke the patent". They argued inter alia that the patent in suit and all auxiliary requests added matter extending beyond the content of the original application.

IV. The Board summoned the parties to oral proceedings. In the communication accompanying the summons it informed the parties of its provisional opinion that the patent as granted extended beyond the subject matter of the application as filed and that that was also the case for the other requests on file, except requests 3, 4 and 5.2.

V. The respondent indicated that they would not take part in the oral proceedings and argued that all requests were in breach of Article 123(2) EPC. Remittal was requested should the Board find that the subject-matter of one of the requests did not extend beyond the content of the application as filed.

VI. During the oral proceedings, the appellant withdrew all requests but the third auxiliary request, which was modified by amending the description (see below).

VII. The requests of the parties are therefore as follows:

The appellant (patent proprietor) requested that the decision under appeal be set aside and the case be remitted to the department of first instance for further prosecution on the basis of the claims according to the third auxiliary request and the description and drawings of the patent as granted with the modification of paragraph 57 on page 7 of the description as filed on 12 February 2016.

The respondent (opponent) requested that the appeal be dismissed. Should the Board consider that the subject-matter of one of the requests does not extend beyond the content of the application as filed, it was requested that the case be remitted to the department of first instance, as the other grounds for opposition had not yet been discussed in opposition proceedings.

VIII. Claim 1 of the third auxiliary (and sole) request is quoted below in the reasons.

The patent in suit

1. The patent in suit relates to multispectral imaging biometrics. A purported skin site (e.g. a fingertip) is irradiated with light under different optical conditions and a multispectral image is derived therefrom (paragraph 8).

1.1 The different conditions may concern differences in polarization, illumination angles or wavelengths (paragraphs 27, 57).

1.2 The multispectral image can be used (pars. 104-114) to perform biometric functions, such as biometric authentication/identification, or spoof detection. The imaging device can also be used for other purposes, for instance as an input device for a computer (e.g. button or touch-pad - see pars. 115-126).

The claims: added subject-matter

2. Claim 1 of the sole request reads (without reference symbols; amendments are indicated with respect to claim 1 as filed, insertions underlined and deletions struck through):

A method of performing a biometric measurement on an individual, the method comprising:

illuminating a purported skin site of the individual under a plurality of distinct optical conditions during a single illumination session, wherein the plurality of distinct optical conditions comprises singularly or in combination at least two distinct polarization conditions and at least two different illumination wavelengths [first amendment];

receiving light scattered beneath a surface of the purported skin site separately for each of the plurality of distinct optical conditions;

deriving a multispectral image, which consists of a set of images collected from the light scattered from beneath the skin site for each of the plurality of distinct optical conditions [second amendment], of the purported skin site from the received light; and

identifying the individual [deleted: performing a biometric function] [third amendment] with the derived multispectral image.

3. The Opposition Division concluded that the first amendment did not extend beyond the subject matter of the application as originally filed, Article 123(2) EPC (decision point 35), that the second did (points 36 to 42), and did not decide on the third. The respondent argued that all three amendments constituted added matter.

The optical conditions

4. Both the proprietor and the Opposition Division (see point 23 of the impugned decision) interpreted the first amendment as an and/or condition, i.e. at least two polarization conditions and/or two conditions other than polarization.

5. The Board is not convinced by this interpretation, and is of the opinion that the term singularly or in combination refers to whether the conditions are applied singularly (e.g. crossed polarization only) or in combination with another (e.g. red light and crossed polarization), and that the claim in fact requires that all at least four conditions (i.e. two polarization and two wavelength conditions) be used to define the optical conditions for the illumination session.

6. The question to be asked is therefore whether the skilled person would have clearly and unambiguously derived the combination of (at least) those four conditions to set up an illumination session.

7. The Opposition Division seems to have been of the opinion (see points 24-25) that the original application provided a basis for a combination of at least two polarization conditions with two other distinct conditions, when these other two are from the set of illumination/imaging angles and wavelengths (see the decision at points 24, 25 and 35, citing paragraph 60 of the application as filed).

8. The Board agrees. Paragraph 60 states "The different optical conditions may include differences in polarization conditions, differences in illumination angle, differences in imaging angle and differences in illumination wavelength".

8.1 Although not explicitly indicated, a combination of the quoted types of conditions is immediately apparent to the skilled person because "differences in..." implies at least two different conditions, and because a combination of any of the two quoted types of conditions is clearly indicated in this passage, and derivable by the skilled person, who understands that all combinations are envisaged.

8.2 The board points out that this is not a situation where a large number of possible combinations results in it not being clear which ones can be considered as clearly identified. Here the combinations are few and easily identifiable.

9. The respondent disagreed with this assessment because the application as filed did not explicitly mention this particular combination of four conditions. The Board points out that Article 123(2) EPC, as interpreted by the case law of the Boards of Appeal, does not require an explicit disclosure, but merely that the subject-matter be directly and unambiguously derivable from the original application.

10. The respondent further disagreed (in the last letter), because the application as filed did not disclose more than two polarization conditions, allegedly because a maximum of two polarizers are used. This, however, does not limit the number of polarization conditions. One can rotate either of the two polarizers, or indeed use only one, or none, to obtain various polarization conditions differing in polarization angle.

11. Thus the first amendment is not in breach of Article 123(2) EPC.

The multispectral image for identifying an individual (second and third amendments)

12. The dispute regarding the second amended feature revolves around the question of whether a multispectral image is something other than the multispectral data (see the impugned decision at points 37 to 40).

This is because, in the understanding of the appellant, the terms multispectral data and multispectral image are used equivalently throughout the application as filed. Given that the multispectral data is defined as the set of images acquired during an illumination session, if this equivalence of the two concepts were established, there would be no added subject-matter.

13. The respondent disputes this equivalence, stating that the application uses the term multispectral image differently from multispectral data, and that the definition provided in the claim is new. As neither the original claims, nor the original description, provides such a definition, this extends the subject matter beyond that of the original application. Furthermore, the original application (paragraph 60), required all acquired images to be used because the multispectral data was defined in that way. Defining the multispectral image as "a set of images" meant that not all images were required, thereby also adding subject matter.

14. The Board agrees that the term multispectral data is to be understood as the set of all images acquired in one session. Paragraph 60 as originally filed states that: "The set of all images collected under a plurality of distinct optical conditions during a single illumination session is referred to herein as "multispectral data"."

15. It remains to be seen what the skilled person would understand a "multispectral image" to be.

15.1 In the Board's opinion, by way of their common general knowledge only, the skilled person would understand a multispectral image to be an image with multiple layers (or planes), each layer being itself an image taken at a particular wavelength - (see the reply of the respondent to the grounds of appeal at page 6).

15.2 Reading the application as originally filed, the skilled person finds no definition of a multispectral image. The multispectral image is always "derived" from the received light (paragraphs 16, 22, 33; claim 1). The usage of the term is otherwise consistent with the standard definition, i.e. the above understanding by the skilled person (see figures 9, 11, 12, 13).

15.3 It is therefore reasonable to assume that, on the basis of the original application, the skilled person would understand that the multispectral image conforms to the standard definition, and that it is derived from the multispectral data output by the multispectral sensor.

16. The current request sets out in claim 1 a new definition of the multispectral image, which is that it "consists of a set of images collected from the light scattered from beneath the skin site for each of the plurality of distinct optical conditions". This definition is new, and it amounts to redefining multispectral image as something consisting of the multispectral data. This was accepted by the appellant during the oral proceedings.

17. As noted above, the respondent disagreed that the claim defines that the multispectral image consists of all images collected in one illumination session. The Board is of the opinion that, while the definition uses the formulation "a set of images", these images are collected for each of the plurality of conditions. It follows that the claimed multispectral image contains images for each condition, and thus cannot be technically distinguished from the multispectral data as defined in paragraph 60. The Board concludes therefore that claim 1 effectively defines the multispectral image as consisting of the multispectral data, i.e. the terms are, as defined in the claim, equivalent.

18. As already stated, this definition is new to the skilled person. The fact that the definition is new does not however automatically mean that there is an extension of subject-matter, because the definition is not given in a vacuum, but in a context provided by the claim as a whole. There would be added subject-matter only if there were no disclosure in the original application of using the claimed data set, i.e. the multispectral image/data, for identifying an individual, which is what the claim, as a whole, says, when considering the second and third amendments together.

19. The respondent is of the opinion that this is the case in that original claim 1 required the derivation of a (standard) multispectral image in order to perform the biometric function / identification.

20. The appellant points to figure 6, paragraph 102 and 117, to show that it is clear that the acquired set of images, i.e. the multispectral image as defined, is used for identification.

21. Paragraph 102 states that: "The collected data are then used to perform a biometric function, such as an identification". Since the claim says nothing more than that (see above), the Board concludes that there is no extension of subject matter in the sense of Article 123(2) EPC. Current claim 1 has a basis in paragraphs 60 (definition of optical conditions and of the multispectral image/data) and 102 (use for identification) of the original application.

The description

22. The appellant requested during the oral proceedings to amend paragraph 57 of the description by removing the second sentence, specifying that "the multispectral image is generated from the multispectral data, which are the set of all images ...".

23. This passage had been added during examination. It may be read to mean that the multispectral image does not consist of all images (being only generated from them), contrary to the adopted claim construction. Its removal is therefore an appropriate response to the objection of added matter raised by the respondent, concerning the fact that all acquired images must be used. It may also be seen as an amendment pre-empting a lack of clarity objection in respect of claim 1 (Article 84 EPC - description not in accordance with the claim).

24. The respondent had addressed this passage of the description, and objected to its removal (previous first auxiliary request), on the grounds that it stated that all images are used, and removing it would extend the scope of protection (Article 123(3) EPC) in view of Article 69 EPC, because the claim did not require that. As is clear from the above, the Board neither agrees with the interpretation of this passage (as already communicated in the summons at point 21.1), nor with this claim construction. This objection is therefore moot.

25. The admittance of this request to amend paragraph 57 of the description is a priori regulated by Article 13(2) RPBA 2020.

25.1 Though no factually exceptional circumstances justify this late request, in that the objection was on file from the beginning of the appeal stage, the Board is of the opinion that the legal situation is exceptional (see T 1294/16 point 18). This is because the admittance of this request is not detrimental to procedural economy and does not adversely affect other parties (see ibid. point 19) as it:

(a) improves legal certainty, by clarifying the claimed matter,

(b) is actually in the interest of the opponent and of third parties, because it may limit the claimed scope, following the principle that a document has to be interpreted as a whole (cf. Case Law, 9th ed. 2019, II.A.6.3.2.), and

(c) it causes no undue delays, because all the arguments were already discussed, which means that the Board can immediately decide as to its allowability.

26. The Board therefore admitted this request for amendment, which it considers compliant with the provisions of Articles 84, 123(2) and 123(3) EPC.

Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the department of first instance for further prosecution on the basis of the claims according to the third auxiliary request and the description and drawings of the patent as granted with the modification of paragraph 57 on page 7 of the description as filed on 12 February 2016.

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