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/t182113eu1
  1. Home
  2. T 2113/18 (Automated external defibrillator with integrated modem /Qualcom Inc.) 24-11-2022
Facebook Twitter Linkedin Email

T 2113/18 (Automated external defibrillator with integrated modem /Qualcom Inc.) 24-11-2022

European Case Law Identifier
ECLI:EP:BA:2022:T211318.20221124
Date of decision
24 November 2022
Case number
T 2113/18
Petition for review of
-
Application number
10760166.8
IPC class
A61N 1/39
Language of proceedings
EN
Distribution
NO DISTRIBUTION (D)

Download and more information:

Decision in EN 343.72 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

AUTOMATED EXTERNAL DEFIBRILLATOR DEVICE WITH INTEGRATED MOBILE STATION MODEM

Applicant name
Qualcomm Incorporated
Opponent name
Steinbauer, Florian
Board
3.4.01
Headnote
-
Relevant legal provisions
Rules of procedure of the Boards of Appeal Art 12(4)
Rules of procedure of the Boards of Appeal Art 12(2)
European Patent Convention Art 56
Keywords
Inventive step - obvious modification
Catchword
-
Cited decisions
T 0501/92
Citing decisions
-

I. The appeal was filed by the opponent (appellant) against the interlocutory decision of the Opposition Division to maintain European patent 2 475 426 in an amended form according to the patentee's auxiliary request 6.

II. The opposition was based on the grounds of Article 100(a) EPC (lack of novelty and lack of inventive step).

III. The Opposition Division concurred with the opponent, that the subject-matter of the main request (patent as granted) lacked novelty in view of document

D1: US-A-2003/0212311.

The Opposition Division further held that auxiliary requests 1 to 5 did not meet the requirements of Article 123(2) EPC. In addition, the subject-matter of claim 1 according to auxiliary request 3 was considered not to involve an inventive step.

Auxiliary request 6 was considered to meet the requirements of Articles 83, 84, 56 and 123(2) and (3) EPC.

IV. The appellant requested that the impugned decision be set aside and the patent be revoked.

V. In the grounds of appeal, the appellant submitted that the analysis relied upon by the Opposition Division to conclude that the subject-matter of claim 1 of auxiliary request 6 does not contain added subject-matter (Article 123(2) EPC) and does not extend the scope of protection when compared to granted claim 1 (Article 123(3) EPC) were not convincing. Claim 1 resulted from a combination of different embodiments. There was, however, no basis in the original disclosure for combining said embodiments. Moreover, the step of "re-establishing a new communication link" in claim 1 did not necessarily mean that what is re-established is exactly the link that was lost. The claim wording also covered, for example, the establishment of a new communication via Wi-Fi.

VI. The appellant introduced new documents on appeal. In the appellant's view, the subject-matter of claim 1 as maintained (auxiliary request 6) was not new in view of documents

D9: US-A-2008/0058884 or

D10: US-A-2005/0251213.

VII. The view that the claimed subject-matter as maintained is not inventive vis-à-vis D1 was reiterated. Reference was made, in this respect, to document

D8: US-A-2003/0233129

or to the skilled person's general knowledge.

VIII. In reply to the notification of the grounds of appeal, the patentee (respondent) indicated that they considered the patent as maintained in amended form to be allowable and that "...furthermore the previous auxiliary requests are maintained".

IX. In a communication issued pursuant to Article 15(1) RPBA 2020, the parties were informed of the Board's preliminary opinion.

The board underlined that it failed to clearly discern what requests the respondent was actually making with its statement in reply to the notification of the grounds of appeal. In section 21 of the preliminary opinion, the Board indicated how it understood the patentee's requests under the circumstances:

21. The patentee has indicated in their reply to the statement of grounds that the previous auxiliary requests were maintained. This suggests that the former main request is not further pursued. Moreover, the patentee does not contest anything in the Opposition Division's decision. In the light of this and of the prohibition of reformatio in peius, the Board understands the patentee's statement that it maintained the previous auxiliary requests to mean that it requests the appeal to be dismissed (this corresponds to maintenance on the basis of auxiliary request 6), or that the decision be set aside and the patent maintained on the basis of auxiliary request 7.

While the Board did not identify any added subject-matter or extension of the scope of protection in the claims as maintained (former auxiliary request 6), it observed the following with regard to the new evidence filed by the opponent:

5. Documents D9 and D10 were introduced for the first time with the statement of grounds. They constitute new evidence.

6. The Board acknowledges that the content of D9 is prima facie relevant to the novelty of the claimed subject-matter. The board is, therefore, minded to admit D9 into the proceedings.

7. With regard to D10, the board notes it does not mention accessing the internet via the established communication link. The mere possibility, that the communication link could be provided over the internet, does not imply, in the absence of any evidence, that this is the case in D10. While it is suggested in D10 that a communication may be established with an external computer, there is no mention, in this context, of a server. Paragraph [0056], cited by the appellant, suggests some sort of monitoring of the communication link. There is, however, no indication to be found in D10 that the processor in the AED is programmed automatically to re-establish a (new) communication link. The reference to the communication link being re-acquired may result from a communication being initiated by the remote station or from a manual intervention by the user of the AED.

8. Document D10 does not appear, prima facie, to be relevant insofar as novelty is concerned. The Board does not intend not [sic] to admit it.

With regard to the issue of inventive step of the subject-matter of claim 1 of auxiliary request 6, the Board's comments read:

9. Document D1 discloses an automatic external defibrillator (AED) comprising:

a processor (306);

a mobile station modem (120, paragraph [0043]) coupled to the processor; and an antenna) coupled to the processor, wherein the processor is configured with processor-executable instructions to perform operations comprising:

- establishing a communication link with a cellular data network via the MSM (paragraph [0043], figures 4-6) and

- accessing an Internet via the established communication link upon activation of the AED (fig. 6 ref. 130);

- accessing a remote server via the internet (fig. 6 ref. 140); and

- communicating an AED activation message (paragraphs [0023] to ]0025]) to the remote server via the internet.

10. The claimed subject-matter differs thus from the AED disclosed in D1 in that the processor is further configured for

- monitoring the established communication link to determine if the communication link has been terminated inadvertently, and

- automatically re-establishing a new communication link if it is deemed that the established communication link was terminated inadvertently.

11. The Board concurs, in this respect, with the analysis of the Opposition Division as reproduced under point 9.2 of the impugned decision.

12. In the Board's view, however, the step of "automatically re-establishing a new communication link" does not imply that the same communication link is re-established, as assumed by the opposition Division. This derives from the wording of the feature itself, which does not require re-establishing "the" communication link but refers, on the contrary, to a "new communication link". Moreover, as underlined by the appellant, the very same communication link can hardly by re-established on the internet, where the path defining the communication between two IP addresses changes depending on the session.

13. The distinguishing features re-establish an inadvertently terminated communication, thus limiting the adverse consequences for the patient.

14. The objective problem solved by the claimed invention may thus be defined as to limit the impact of adverse interruptions.

15. Both documents D8 and D9 appear to be relevant in this respect. They disclose AED systems with communication facilities and explicitly suggest monitoring the ability of the communication link to operate satisfactorily (see D8, paragraphs [0055], [0066], [0379], [0381]; D9, paragraphs [0151] to [0159]) and reacting accordingly, e.g. by re-establishing a backup communication link (cf. D8, paragraphs [1167], [1168]; D9 paragraphs [0135] to [0137], [0151] to [0158]).

16. It would have been obvious for the skilled person to modify the device of D1 in the light of the teaching provided in either D8 or D9 and to re-establish a communication link between the AED and a remote station if the communication failed.

17. Auxiliary request 6 thus does not involve an inventive step (Article 56 EPC).

The Board further observed that the amendments in the claims according to auxiliary request 7 did not appear to be sufficient to affect the analysis of inventive step, developed with regard to auxiliary request 6.

Concretely, it was stressed in section 20 of the provisional opinion that

20 [...] The notion of "break of communication" is, namely, to be construed in the context of D1 (paragraphs [1162] as referring to an unintended event affecting the communication link, that is, an event that was initiated neither by the operator of the AED nor by the server. A similar meaning applies to the term "break in communications" as it appears in paragraphs [0137] or [0147] of D9".

X. In a response to the provisional opinion of the Board, the opponent contested the Board's view with regard to added subject-matter. It further reiterated the view that D10 was prima facie relevant for the subject-matter defined in auxiliary requests 6 and 7 in that the link referred to was to be understood in the context as a link provided over the internet.

The opponent further stressed that the reply made by the patentee to the statement of grounds neither contained any request to dismiss the appeal and maintain the patent in the amended form nor any request to maintain the patent on the basis of auxiliary request 7. In the opponent's view, there was accordingly no basis to decide on auxiliary request 7.

XI. In their response to the summons, the patentee indicated that neither they nor the representative would attend the oral proceedings. The patentee did not comment on the substance of the Board's preliminary opinion.

XII. Upon re-assessment of the case in view of the oral proceedings, the Board did not identify any reason to substantially depart from its provisional opinion insofar as former auxiliary request 6 was concerned. Moreover, the opponent's submissions as to the absence of basis for the Board to decide on the merits of auxiliary request 7 were persuasive. The oral proceedings were thus cancelled.

XIII. Claim 1 of former auxiliary request 6 (patent as maintained) reads:

An automatic external Defibrillator, AED, comprising:

a processor;

a mobile station modem, MSM, coupled to the processor; and

an antenna coupled to the processor,

wherein the processor is configured with processor-executable instructions to perform operations comprising:

establishing a communication link with a cellular data network via the MSM and accessing an Internet via the established communication link upon activation of the AED;

accessing a remote server via the internet;

communicating an AED activation message to the remote server via the internet;

monitoring the established communication link to determine if the communication link has been terminated inadvertently; and

automatically re-establishing a new communication link if it is determined that the established communication link was terminated inadvertently.

Independent claim 6 according to auxiliary request 6 is directed to the corresponding operating method.

Auxiliary request 7 differs from claim 1 of auxiliary request 6 in that the term "inadvertently" in the penultimate feature of claim 1 was replaced by "by the remote server or by an AED operator" and, in that the terms "terminated inadvertently" in the last feature were replaced by "not terminated by the remote server or by the AED operator". Similar amendments were made in dependent claim 6 of auxiliary request 7 where the term "inadvertently" in the two last method steps was replaced by the terms "by the remote server".

1. The Board informed the parties of its preliminary opinion in the communication annexed to the summons to oral proceedings. It was stressed that the subject-matter of claim 1 according to auxiliary request 6 did not involve an inventive step in view of D1, considered as closest prior art, and the teaching conveyed by either D8 or D9.

2. The patentee did neither comment on the various issues addressed in the provisional opinion nor clarified their initial requests as they had been invited to.

3. It is thus considered that the interpretation of the patentee's requests, as set out in the provisional opinion, reflects their true intentions. In particular, the Board's finding that the former main and auxiliary requests 1 to 5 did not form part of the appeal proceedings was not challenged.

4. Upon re-examination of the issue regarding inventive step, the Board did not identify any reason to depart substantially from its preliminary opinion according to which the subject-matter of claim 1 according to auxiliary request 6 does not involve an inventive step (Article 56 EPC).

5. Even though it may be argued, in favour of the patentee, that the re-establishment of a backup link in document D8 is not entirely automatic, since it requires the emergency technician (EMT) to press a button on the portable unit (see D8, paragraph [1167]), the Board maintains its view that the claimed subject-matter is not inventive starting from D1 in view of D8. Reference is made primarily to the Board's analysis as reproduced above. It is furthermore noted that the teaching of D8 focuses on re-establishing a communication link in case of failure of communication in either direction between the portable unit and the central station (see D8, paragraph [0381]). A full automatisation is thus considered to be the result of a straightforward interpolation of the teaching conveyed by D8.

6. For the reasons developed in the passage of the provisional opinion reproduced above, the same conclusion regarding lack of inventive step applies starting from document D1 in view of the teaching of D9, where it is explicitly foreseen to continuously try to re-establish a communication link in case of failure (see D9, e.g. paragraphs [0275], [0279], [0284]).

7. The subject-matter of claim 1 of auxiliary request 6 does thus not involve an inventive step in the sense of Article 56 EPC.

8. Independently of the findings of the Board with regard to the absence of inventive step of the subject-matter of the independent claims of auxiliary request 7, the Board notes that the patentee did not provide any arguments as to the why the amendments introduced in said request would address the objections raised by the opponent in the statement of grounds. The amendments in wording do not substantially change the subject-matter of claims 1 and 6.

9. As underlined by the opponent with reference to decision T 501/92, any procedural request made by a party to first instance proceedings before the EPO is not effective or applicable within subsequent appeal proceedings. This approach is in line with the wording of Article 12(4) RPBA 2007 (with reference to Article 12(2) RPBA 2007) which requires the reply to the statement of grounds of appeal to contain a party's complete case.

10. The Board thus decides not to admit auxiliary request 7 in the appeal proceedings (Article 12(4) RPBA 2007).

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