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

    Patent knowledge

    Access our patent databases and search tools.

    Go to overview 

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

    UP search

    Learn about the Unitary Patent in patent knowledge products and services

  • Applying for a patent

    Applying for a patent

    Practical information on filing and grant procedures.

    Go to overview 

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

    UP

    Unitary Patent

  • Law & practice

    Law & practice

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

    Go to overview 

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

    legal text

    Legal texts

  • News & events

    News & events

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

    Go to overview 

     

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

    Podcast

    Listen to our podcast

  • Learning

    Learning

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

    Go to overview 

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

    European Patent Academy

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

  • About us

    About us

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

    Go to overview 

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

    about us

    Patent Index 2022

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

Recent decisions

Overview
  • 2023 decisions
  • 2022 decisions
  • 2021 decisions
https://www.epo.org/en/node/t201017eu1
  1. Home
  2. T 1017/20 (RAILWAY SYSTEMS USING ACOUSTIC MONITORING / Siemens Mobility) 05-10-2022
Facebook Twitter Linkedin Email

T 1017/20 (RAILWAY SYSTEMS USING ACOUSTIC MONITORING / Siemens Mobility) 05-10-2022

European Case Law Identifier
ECLI:EP:BA:2022:T101720.20221005
Date of decision
05 October 2022
Case number
T 1017/20
Petition for review of
-
Application number
10752138.7
IPC class
B61L 29/32
B61L 29/18
B61L 25/02
B61L 23/06
Language of proceedings
EN
Distribution
NO DISTRIBUTION (D)

Download and more information:

Decision in EN 329.56 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

RAILWAY SYSTEMS USING ACOUSTIC MONITORING

Applicant name
Siemens Mobility Limited
Opponent name
OptaSense Holdings Limited
Board
3.5.05
Headnote
-
Relevant legal provisions
Rules of procedure of the Boards of Appeal Art 12(6)
European Patent Convention Art 84
European Patent Convention Art 100(b)
Rules of procedure of the Boards of Appeal 2020 Art
European Patent Convention Art 83
Keywords

Main request - admitted in first-instance proceedings (no)

Main request - error in use of discretion at first instance (no)

Main request - circumstances of appeal case justify admittance (no)

Main request - admitted (no)

Amendment after summons - exceptional circumstances (no)

Catchword
-
Cited decisions
T 0412/09
T 0051/87
T 0945/12
Citing decisions
-

I. The appellant-patent proprietor appealed against the opposition division's decision to revoke European patent No. 2 473 392.

II. The decision under appeal made reference, inter alia, to the following documents:

Q3 US 2004/261533

Q4 J. F. Forren et al: "Traffic monitoring by tire noise", INTELLIGENT TRANSPORTATION SYSTEM, 1997. ITSC '97., IEEE CONFERENCE ON BOSTON, MA, USA 9-12 NOV. 1997, pages 177-182, ISBN: 978-0-7803-4269-9

Q5 Chapter 9 of the book "Fiber Optic Sensors", 2002, Marcel Dekker, Inc., Editors: Francis T S Yu and Shizhuo Yin, Authors: G D Peng, P L Chu; pages 417 - 447

III. In its statement setting out the grounds of appeal the appellant requested that the decision be set aside and that the patent be maintained in amended form according to the main request or one of the first to sixth auxiliary requests. These requests (claims and description) were submitted with the statement of grounds of appeal.

IV. The respondent-opponent filed a reply and requested that the appeal be rejected as inadmissible or, in the alternative, that it be refused because none of the appellant's requests were allowable.

V. The board summoned the parties to oral proceedings and set out its provisional view on the case in a communication under Article 15(1) RPBA.

VI. By letter dated 9 September 2022 the appellant withdrew all auxiliary requests and submitted a corrected version of the main request.

VII. The oral proceedings took place by videoconference.

VIII. Final requests of the parties

The appellant (patent proprietor) requested that the decision under appeal be set aside and that the patent be maintained in amended form according to the main request submitted with the statement of grounds of appeal or according to the corrected version submitted with its letter of 9 September 2022.

The respondent (opponent) requested that the appeal be dismissed.

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

"A method of monitoring and/or controlling components of a railway system which includes a track and at least one train that is operable to run on said track, comprising the steps of:

a) providing an acoustic transducer proximate the railway for picking up acoustic signals, wherein the acoustic transducer comprises an optical fibre;

b) receiving acoustic signals from the transducer from at least two locations;

c) analysing the received signals and identifying a signature of the train,

compensating the signature for the squeezing and stretching of the signature along a time axis depending on the speed of the train, and tracking the train by using a pattern matching algorithm to compare the received signatures ensuring that the received signatures correspond to the same train, and determining the position of the train from its signature."

1. Admissibility of the appeal

The respondent requested in its reply that the appeal be rejected as inadmissible.

The board holds that the appeal meets the requirements of Articles 106 to 108 EPC and Rule 99 EPC and is thus admissible.

2. The patent in suit pertains to an apparatus and a method for monitoring and/or controlling components of a railway system. An acoustic transducer is placed proximate to the railway. The transducer comprises an optical cable. Acoustic signals received from two locations are analysed and a signature of a train is identified. The signature is compensated depending on the speed of the train and used for tracking the train and determining its position.

3. Document Q3 discloses a method for determining parameters relating to a train travelling on a railway track. Acoustic sensors are used and the location of the train is determined.

Main request

4. Admission

4.1 The claims of the main request correspond to those of the main request on which the contested decision was based whereby merely an "and" is missing at the end of feature b) in claim 1. This difference does not have any impact on the claimed subject-matter.

4.2 The main request on which the impugned decision was based was submitted in the course of the first-instance oral proceedings and was not admitted into the opposition proceedings.

4.3 The respondent requested that the main request should not be admitted under Article 12(6) RPBA. It argued that the discretionary decision of the opposition division was correct and that no special circumstances of the appeal case were present.

4.4 According to the first sentence of Article 12(6) RPBA, a board must not admit requests which were not admitted into the proceedings that led to the decision under appeal, unless

(a) the decision not to admit them was affected by an error in the use of discretion, or unless

(b) the circumstances of the appeal case justify their admittance.

These two criteria (a) and (b) were discussed with the parties at the oral proceedings.

Criterion a):

4.5 The board holds that the opposition division took the relevant factors of late-filing and prima facie compliance with the requirements of the EPC into consideration in a reasonable way. It did not exceed the proper limits of its discretion. It is not for the board to review all the facts and circumstances of the case as if it were in the opposition division's place and to decide whether or not it would have exercised the discretion in the same way. Instead, the role of the board is to identify whether such exercise of discretion by the opposition division was arbitrary, unreasonable or was not carried out according to the right principles (see G7/93, point 2.6; Case Law of the Boards of Appeal of the EPO, 10th edition, V.A.3.4.1).

4.6 The opposition division has discretion to not admit late-filed requests under Rule 116(1) and (2) EPC. The opponent had raised the objection under Article 100 b) EPC, which was allegedly addressed by the main request filed during the oral proceedings, in the notice of opposition. The summons to oral proceedings similarly referred to this objection. Consequently, the main request submitted at the oral proceedings was not justified by an unexpected turn of events and was late-filed. In this procedural situation, it is appropriate to apply the criterion of prima facie allowability of the amended request.

4.7 The appellant argued that the feature from the description added to claim 1, namely "the squeezing and stretching of the signature along a time axis depending on the speed", was also disclosed in prior-art document Q4. In particular, Q4 described how sound emitted from a moving source appeared to increase in frequency as the source approached the listener and to decrease in frequency as the source moved away. Thus, the respondent must have been aware of the feature added to claim 1 and, consequently, this amendment would not give rise to any procedural inefficiency.

The board disagrees. In general, an opponent should be familiar with the subject-matter of the granted and opposed claims. However, it goes too far to expect the opponent to be prepared for amendments involving features from the description. The fact that related features might be disclosed in a prior-art document submitted by the opponent does not negate these principles. Furthermore, the board agrees with the respondent that the teaching in Q4 is not directly related to the feature added to claim 1.

4.8 The appellant stated that it could not have carried out any amendment based on dependent claims because the granted patent did not include any dependent claims. Thus, its possibilities for amendments were unfairly limited.

The board notes that the sole responsibility for the text of the patent lies with the appellant, the then applicant (Article 113(2) EPC).

4.9 The appellant submitted that the opposition division erred when deciding on the prima facie allowability of amended claim 1. It submitted extensive substantive arguments.

The board holds that the appellant's objections do not relate to any incorrect exercise of discretion by the opposition division in its prima facie assessment of the allowability of claim 1 but to the complete substantive analysis of compliance with Articles 84 and 123(3) EPC.

As regards the prima facie assessment, it is not unreasonable to come to the conclusion that the amendment to claim 1 leads to issues with Articles 84 and 123(3) EPC. In particular, the amended wording of claim 1 can, prima facie, reasonably be interpreted according to the two interpretations a) and b) mentioned in the minutes of the first-instance oral proceedings and in the decision under appeal. The fact that a complete examination, taking into consideration the teaching of the description and the common general knowledge of the skilled person, might lead to a different outcome does not make the prima facie analysis unreasonable.

4.10 Consequently, the decision of the opposition division not to admit the main request was not affected by an error in the use of discretion.

Criterion b):

4.11 According to Article 12(1) RPBA, appeal proceedings are to be based, inter alia, on the decision under appeal and the minutes of the oral proceedings before the opposition division. It follows from this that the minutes and, in particular, the issues discussed in the course of the oral proceedings form part of the circumstances of the appeal case.

4.12 According to the minutes, sections 4.1 to 4.5, 5 and 6, the compliance of the then main request with the requirements of Article 100 b) EPC was discussed. Subsequently, the opposition division formed the opinion that these requirements were not met. Thereupon, the appellant submitted an amended main request, which essentially corresponds to the current main request.

In this particular situation, the board holds that the prima facie compliance of the main request with the provisions of Article 100 b) EPC forms part of the circumstances of the appeal case that are to be considered for the purpose of applying Article 12(6) RPBA.

4.13 Throughout the first-instance proceedings the respondent argued that the compensation for speed, as claimed, required the speed of the train to be known, but that the patent did not disclose how the speed was to be determined.

4.14 The appellant argued that it was common general knowledge that the speed of a train could be determined by taking the time derivative of the amplitude envelope of the signature, thereby citing paragraph 21 of patent document Q3 as evidence.

The board notes that as a rule patent documents do not represent common general knowledge. Additionally, paragraphs 21 and 33 of Q3 do not only disclose the commonly known dependency between distance and speed, the latter corresponding to the first derivative of the former, but also describe further specific details, which do not form part of the common general knowledge, e.g. that the high-frequency spectrum is analysed.

Furthermore, according to page 4, lines 12 and 13, of the description of the application as filed, a single signature alone cannot be used to determine the speed of the train.

4.15 The appellant argued that, according to decisions T 412/09 and T 51/87, a patent specification (in this case document Q3) could be viewed as part of the common general knowledge.

This argument is not convincing. These decisions mention specific conditions (that teaching be disclosed in series of patent specifications or belong to a brand new field of research), which are not met in the case at hand. These conditions were not addressed by the appellant.

4.16 The appellant pointed further to document Q5.

However, this document does not disclose any techniques for determining the speed.

4.17 For these reasons, the invention as set out in claim 1 does not, prima facie, meet the requirements of Article 100 b) EPC.

4.18 The appellant argued that the reasoning for not admitting the main request set out by the opposition division did not apply, thereby referring to decision T 942/12.

The board notes that this decision does not deal with any related issues. Instead, it seems that decision T 945/12 was meant.

This decision states, inter alia, that a board may take into account additional facts and different circumstances while exercising its discretion under the then Article 12(4) RPBA 2007.

The board notes that Article 12(4) RPBA 2007 was replaced, in part, by the currently applicable Article 12(6) RPBA 2020. It is explicitly stated therein that the circumstances of the appeal case may justify the admittance of a request which was not admitted by the department of first instance. This aspect is addressed in detail in the present decision.

4.19 In the board's view, the mere fact that the parties submitted in writing substantive arguments regarding the requirements of Article 100 b) EPC does not justify the admittance of the main request. Otherwise, a party could force a board to admit a request not admitted by the department of first instance by submitting substantive arguments on appeal. This would not be in accordance with the main provision of Article 12(6), first sentence, RPBA - namely that a board is not to admit requests which were not admitted in the proceedings that led to the decision under appeal.

4.20 To sum up, the main request in the appeal was not admitted by the opposition division and, prima facie, does not resolve an issue which was raised in the notice of opposition and on which the opposition division presented a negative opinion before and during the first-instance oral proceedings. In this situation the board holds that the circumstances of the appeal case do not justify the admittance of the main request.

4.21 Consequently, the main request was not admitted into the appeal proceedings under Article 12(6), first sentence, RPBA.

Corrected version of the main request

5. Admission

5.1 This request was submitted after the summons to oral proceedings had been issued. Hence, its admission is governed by the provisions of Article 13(2) RPBA, which stipulates that any amendment to a party's appeal case made after notification of a summons to oral proceedings must not, in principle, be taken into account unless there are exceptional circumstances, which have been justified with cogent reasons by the party concerned.

5.2 The appellant argued that no new matter was added to the proceedings, no new arguments were submitted and the respondent had plenty of time to deal with this request.

5.3 The board is not convinced. Claim 1 of this request is the same as claim 1 of the main request. The amendments of the description do not play a decisive role. In the absence of any amended claims or new arguments, the observations set out above with regard to the main request apply similarly to the corrected version of the main request.

In this situation, no exceptional circumstances are apparent.

5.4 For these reasons, the board did not admit the corrected version of the main request under Article 13(2) RPBA.

Order

For these reasons it is decided that:

The appeal is dismissed.

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