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

    Patent knowledge

    Access our patent databases and search tools.

    Go to overview 

    • Overview
    • Technical information
      • Overview
      • Espacenet - patent search
      • European Publication Server
      • EP full-text search
    • Legal information
      • Overview
      • European Patent Register
      • European Patent Bulletin
      • European Case Law Identifier sitemap
      • Third-party observations
    • Business information
      • Overview
      • PATSTAT
      • IPscore
      • Technology insight reports
    • Data
      • Overview
      • Technology Intelligence Platform
      • Linked open EP data
      • Bulk data sets
      • Web services
      • Coverage, codes and statistics
    • Technology platforms
      • Overview
      • Plastics in transition
      • Water innovation
      • Space innovation
      • Technologies combatting cancer
      • Firefighting technologies
      • Clean energy technologies
      • Fighting coronavirus
    • Helpful resources
      • Overview
      • First time here?
      • Asian patent information
      • Patent information centres
      • Patent Translate
      • Patent Knowledge News
      • Business and statistics
      • Unitary Patent information in patent knowledge
    Image
    Plastics in Transition

    Technology insight report on plastic waste management

  • Applying for a patent

    Applying for a patent

    Practical information on filing and grant procedures.

    Go to overview 

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

    UP

    Find out how the Unitary Patent can enhance your IP strategy

  • Law & practice

    Law & practice

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

    Go to overview 

    • Overview
    • Legal texts
      • Overview
      • European Patent Convention
      • Official Journal
      • Guidelines
      • Extension / validation system
      • London Agreement
      • National law relating to the EPC
      • Unitary patent system
      • National measures relating to the Unitary Patent
    • Court practices
      • Overview
      • European Patent Judges' Symposium
    • User consultations
      • Overview
      • Ongoing consultations
      • Completed consultations
    • Substantive patent law harmonisation
      • Overview
      • The Tegernsee process
      • Group B+
    • Convergence of practice
    • Options for professional representatives
    Image
    Law and practice scales 720x237

    Keep up with key aspects of selected BoA decisions with our monthly "Abstracts of decisions”

  • News & events

    News & events

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

    Go to overview 

     

    • Overview
    • News
    • Events
    • European Inventor Award
      • Overview
      • The meaning of tomorrow
      • About the award
      • Categories and prizes
      • Meet the finalists
      • Nominations
      • European Inventor Network
      • The 2024 event
    • Young Inventor Prize
      • Overview
      • About the prize
      • Nominations
      • The jury
      • The world, reimagined
    • Press centre
      • Overview
      • Patent Index and statistics
      • Search in press centre
      • Background information
      • Copyright
      • Press contacts
      • Call back form
      • Email alert service
    • Innovation and patenting in focus
      • Overview
      • Water-related technologies
      • CodeFest
      • Green tech in focus
      • Research institutes
      • Women inventors
      • Lifestyle
      • Space and satellites
      • The future of medicine
      • Materials science
      • Mobile communications
      • Biotechnology
      • Patent classification
      • Digital technologies
      • The future of manufacturing
      • Books by EPO experts
    • "Talk innovation" podcast

    Podcast

    From ideas to inventions: tune into our podcast for the latest in tech and IP

  • Learning

    Learning

    The European Patent Academy – the point of access to your learning

    Go to overview 

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

    Have a look at the extensive range of learning opportunities in the European Patent Academy training catalogue

  • About us

    About us

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

    Go to overview 

    • Overview
    • The EPO at a glance
    • 50 years of the EPC
      • Overview
      • Official celebrations
      • Member states’ video statements
      • 50 Leading Tech Voices
      • Athens Marathon
      • Kids’ collaborative art competition
    • Legal foundations and member states
      • Overview
      • Legal foundations
      • Member states of the European Patent Organisation
      • Extension states
      • Validation states
    • Administrative Council and subsidiary bodies
      • Overview
      • Communiqués
      • Calendar
      • Documents and publications
      • Administrative Council
    • Principles & strategy
      • Overview
      • Our mission, vision, values and corporate policy
      • Strategic Plan 2028
      • Towards a New Normal
    • Leadership & management
      • Overview
      • President António Campinos
      • Management Advisory Committee
    • Sustainability at the EPO
      • Overview
      • Environmental
      • Social
      • Governance and Financial sustainability
    • Services & activities
      • Overview
      • Our services & structure
      • Quality
      • Consulting our users
      • European and international co-operation
      • European Patent Academy
      • Chief Economist
      • Ombuds Office
      • Reporting wrongdoing
    • Observatory on Patents and Technology
      • Overview
      • Innovation actors
      • Policy and funding
      • Tools
      • About the Observatory
    • Procurement
      • Overview
      • Procurement forecast
      • Doing business with the EPO
      • Procurement procedures
      • Sustainable Procurement Policy
      • About eTendering and electronic signatures
      • Procurement portal
      • Invoicing
      • General conditions
      • Archived tenders
    • Transparency portal
      • Overview
      • General
      • Human
      • Environmental
      • Organisational
      • Social and relational
      • Economic
      • Governance
    • Statistics and trends
      • Overview
      • Statistics & Trends Centre
      • Patent Index 2024
      • EPO Data Hub
      • Clarification on data sources
    • History
      • Overview
      • 1970s
      • 1980s
      • 1990s
      • 2000s
      • 2010s
      • 2020s
    • Art collection
      • Overview
      • The collection
      • Let's talk about art
      • Artists
      • Media library
      • What's on
      • Publications
      • Contact
      • Culture Space A&T 5-10
      • "Long Night"
    Image
    Patent Index 2024 keyvisual showing brightly lit up data chip, tinted in purple, bright blue

    Track the latest tech trends with our Patent Index

 
en de fr
  • Language selection
  • English
  • Deutsch
  • Français
Main navigation
  • Homepage
    • Go back
    • New to patents
  • New to patents
    • Go back
    • Your business and patents
    • Why do we have patents?
    • What's your big idea?
    • Are you ready?
    • What to expect
    • How to apply for a patent
    • Is it patentable?
    • Are you first?
    • Patent quiz
    • Unitary patent video
  • Searching for patents
    • Go back
    • Overview
    • Technical information
      • Go back
      • Overview
      • Espacenet - patent search
        • Go back
        • Overview
        • National patent office databases
        • Global Patent Index (GPI)
        • Release notes
      • European Publication Server
        • Go back
        • Overview
        • Release notes
        • Cross-reference index for Euro-PCT applications
        • EP authority file
        • Help
      • EP full-text search
    • Legal information
      • Go back
      • Overview
      • European Patent Register
        • Go back
        • Overview
        • Release notes archive
        • Register documentation
          • Go back
          • Overview
          • Deep link data coverage
          • Federated Register
          • Register events
      • European Patent Bulletin
        • Go back
        • Overview
        • Download Bulletin
        • EP Bulletin search
        • Help
      • European Case Law Identifier sitemap
      • Third-party observations
    • Business information
      • Go back
      • Overview
      • PATSTAT
      • IPscore
        • Go back
        • Release notes
      • Technology insight reports
    • Data
      • Go back
      • Overview
      • Technology Intelligence Platform
      • Linked open EP data
      • Bulk data sets
        • Go back
        • Overview
        • Manuals
        • Sequence listings
        • National full-text data
        • European Patent Register data
        • EPO worldwide bibliographic data (DOCDB)
        • EP full-text data
        • EPO worldwide legal event data (INPADOC)
        • EP bibliographic data (EBD)
        • Boards of Appeal decisions
      • Web services
        • Go back
        • Overview
        • Open Patent Services (OPS)
        • European Publication Server web service
      • Coverage, codes and statistics
        • Go back
        • Weekly updates
        • Updated regularly
    • Technology platforms
      • Go back
      • Overview
      • Plastics in transition
        • Go back
        • Overview
        • Plastics waste recovery
        • Plastics waste recycling
        • Alternative plastics
      • Innovation in water technologies
        • Go back
        • Overview
        • Clean water
        • Protection from water
      • Space innovation
        • Go back
        • Overview
        • Cosmonautics
        • Space observation
      • Technologies combatting cancer
        • Go back
        • Overview
        • Prevention and early detection
        • Diagnostics
        • Therapies
        • Wellbeing and aftercare
      • Firefighting technologies
        • Go back
        • Overview
        • Detection and prevention of fires
        • Fire extinguishing
        • Protective equipment
        • Post-fire restoration
      • Clean energy technologies
        • Go back
        • Overview
        • Renewable energy
        • Carbon-intensive industries
        • Energy storage and other enabling technologies
      • Fighting coronavirus
        • Go back
        • Overview
        • Vaccines and therapeutics
          • Go back
          • Overview
          • Vaccines
          • Overview of candidate therapies for COVID-19
          • Candidate antiviral and symptomatic therapeutics
          • Nucleic acids and antibodies to fight coronavirus
        • Diagnostics and analytics
          • Go back
          • Overview
          • Protein and nucleic acid assays
          • Analytical protocols
        • Informatics
          • Go back
          • Overview
          • Bioinformatics
          • Healthcare informatics
        • Technologies for the new normal
          • Go back
          • Overview
          • Devices, materials and equipment
          • Procedures, actions and activities
          • Digital technologies
        • Inventors against coronavirus
    • Helpful resources
      • Go back
      • Overview
      • First time here?
        • Go back
        • Overview
        • Basic definitions
        • Patent classification
          • Go back
          • Overview
          • Cooperative Patent Classification (CPC)
        • Patent families
          • Go back
          • Overview
          • DOCDB simple patent family
          • INPADOC extended patent family
        • Legal event data
          • Go back
          • Overview
          • INPADOC classification scheme
      • Asian patent information
        • Go back
        • Overview
        • China (CN)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Chinese Taipei (TW)
          • Go back
          • Overview
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • India (IN)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
        • Japan (JP)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Korea (KR)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Russian Federation (RU)
          • Go back
          • Overview
          • Facts and figures
          • Numbering system
          • Searching in databases
        • Useful links
      • Patent information centres (PATLIB)
      • Patent Translate
      • Patent Knowledge News
      • Business and statistics
      • Unitary Patent information in patent knowledge
  • Applying for a patent
    • Go back
    • Overview
    • European route
      • Go back
      • Overview
      • European Patent Guide
      • Oppositions
      • Oral proceedings
        • Go back
        • Oral proceedings calendar
          • Go back
          • Calendar
          • Public access to appeal proceedings
          • Public access to opposition proceedings
          • Technical guidelines
      • Appeals
      • Unitary Patent & Unified Patent Court
        • Go back
        • Overview
        • Unitary Patent
          • Go back
          • Overview
          • Legal framework
          • Main features
          • Applying for a Unitary Patent
          • Cost of a Unitary Patent
          • Translation and compensation
          • Start date
          • Introductory brochures
        • Unified Patent Court
      • National validation
      • Extension/validation request
    • International route
      • Go back
      • Overview
      • Euro-PCT Guide
      • Entry into the European phase
      • Decisions and notices
      • PCT provisions and resources
      • Extension/validation request
      • Reinforced partnership programme
      • Accelerating your PCT application
      • Patent Prosecution Highway (PPH)
        • Go back
        • Patent Prosecution Highway (PPH) programme outline
      • Training and events
    • National route
    • MyEPO services
      • Go back
      • Overview
      • Understand our services
        • Go back
        • Overview
        • Exchange data with us using an API
          • Go back
          • Release notes
      • Get access
        • Go back
        • Overview
        • Release notes
      • File with us
        • Go back
        • Overview
        • What if our online filing services are down?
        • Release notes
      • Interact with us on your files
        • Go back
        • Release notes
      • Online Filing & fee payment outages
    • Fees
      • Go back
      • Overview
      • European fees (EPC)
        • Go back
        • Overview
        • Decisions and notices
      • International fees (PCT)
        • Go back
        • Reduction in fees
        • Fees for international applications
        • Decisions and notices
        • Overview
      • Unitary Patent fees (UP)
        • Go back
        • Overview
        • Decisions and notices
      • Fee payment and refunds
        • Go back
        • Overview
        • Payment methods
        • Getting started
        • FAQs and other documentation
        • Technical information for batch payments
        • Decisions and notices
        • Release notes
      • Warning
    • Forms
      • Go back
      • Overview
      • Request for examination
    • Find a professional representative
  • Law & practice
    • Go back
    • Overview
    • Legal texts
      • Go back
      • Overview
      • European Patent Convention
        • Go back
        • Overview
        • Archive
          • Go back
          • Overview
          • Documentation on the EPC revision 2000
            • Go back
            • Overview
            • Diplomatic Conference for the revision of the EPC
            • Travaux préparatoires
            • New text
            • Transitional provisions
            • Implementing regulations to the EPC 2000
            • Rules relating to Fees
            • Ratifications and accessions
          • Travaux Préparatoires EPC 1973
      • Official Journal
      • Guidelines
        • Go back
        • Overview
        • EPC Guidelines
        • PCT-EPO Guidelines
        • Unitary Patent Guidelines
        • Guidelines revision cycle
        • Consultation results
        • Summary of user responses
        • Archive
      • Extension / validation system
      • London Agreement
      • National law relating to the EPC
        • Go back
        • Overview
        • Archive
      • Unitary Patent system
        • Go back
        • Travaux préparatoires to UP and UPC
      • National measures relating to the Unitary Patent 
    • Court practices
      • Go back
      • Overview
      • European Patent Judges' Symposium
    • User consultations
      • Go back
      • Overview
      • Ongoing consultations
      • Completed consultations
    • Substantive patent law harmonisation
      • Go back
      • Overview
      • The Tegernsee process
      • Group B+
    • Convergence of practice
    • Options for professional representatives
  • News & events
    • Go back
    • Overview
    • News
    • Events
    • European Inventor Award
      • Go back
      • Overview
      • The meaning of tomorrow
      • About the award
      • Categories and prizes
      • Meet the inventors
      • Nominations
      • European Inventor Network
        • Go back
        • 2024 activities
        • 2025 activities
        • Rules and criteria
        • FAQ
      • The 2024 event
    • Young Inventors Prize
      • Go back
      • Overview
      • About the prize
      • Nominations
      • The jury
      • The world, reimagined
      • The 2025 event
    • Press centre
      • Go back
      • Overview
      • Patent Index and statistics
      • Search in press centre
      • Background information
        • Go back
        • Overview
        • European Patent Office
        • Q&A on patents related to coronavirus
        • Q&A on plant patents
      • Copyright
      • Press contacts
      • Call back form
      • Email alert service
    • In focus
      • Go back
      • Overview
      • Water-related technologies
      • CodeFest
        • Go back
        • CodeFest Spring 2025 on classifying patent data for sustainable development
        • Overview
        • CodeFest 2024 on generative AI
        • CodeFest 2023 on Green Plastics
      • Green tech in focus
        • Go back
        • Overview
        • About green tech
        • Renewable energies
        • Energy transition technologies
        • Building a greener future
      • Research institutes
      • Women inventors
      • Lifestyle
      • Space and satellites
        • Go back
        • Overview
        • Patents and space technologies
      • Healthcare
        • Go back
        • Overview
        • Medical technologies and cancer
        • Personalised medicine
      • Materials science
        • Go back
        • Overview
        • Nanotechnology
      • Mobile communications
      • Biotechnology
        • Go back
        • Overview
        • Red, white or green
        • The role of the EPO
        • What is patentable?
        • Biotech inventors
      • Classification
        • Go back
        • Overview
        • Nanotechnology
        • Climate change mitigation technologies
          • Go back
          • Overview
          • External partners
          • Updates on Y02 and Y04S
      • Digital technologies
        • Go back
        • Overview
        • About ICT
        • Hardware and software
        • Artificial intelligence
        • Fourth Industrial Revolution
      • Additive manufacturing
        • Go back
        • Overview
        • About AM
        • AM innovation
      • Books by EPO experts
    • Podcast
  • Learning
    • Go back
    • Overview
    • Learning activities and paths
      • Go back
      • Overview
      • Learning activities: types and formats
      • Learning paths
    • EQE and EPAC
      • Go back
      • Overview
      • EQE - European Qualifying Examination
        • Go back
        • Overview
        • Compendium
          • Go back
          • Overview
          • Paper F
          • Paper A
          • Paper B
          • Paper C
          • Paper D
          • Pre-examination
        • Candidates successful in the European qualifying examination
        • Archive
      • EPAC - European patent administration certification
      • CSP – Candidate Support Programme
    • Learning resources by area of interest
      • Go back
      • Overview
      • Patent granting
      • Technology transfer and dissemination
      • Patent enforcement and litigation
    • Learning resources by profile
      • Go back
      • Overview
      • Business and IP managers
        • Go back
        • Overview
        • Innovation case studies
          • Go back
          • Overview
          • SME case studies
          • Technology transfer case studies
          • High-growth technology case studies
        • Inventor's handbook
          • Go back
          • Overview
          • Introduction
          • Disclosure and confidentiality
          • Novelty and prior art
          • Competition and market potential
          • Assessing the risk ahead
          • Proving the invention
          • Protecting your idea
          • Building a team and seeking funding
          • Business planning
          • Finding and approaching companies
          • Dealing with companies
        • Best of search matters
          • Go back
          • Overview
          • Tools and databases
          • EPO procedures and initiatives
          • Search strategies
          • Challenges and specific topics
        • Support for high-growth technology businesses
          • Go back
          • Overview
          • Business decision-makers
          • IP professionals
          • Stakeholders of the Innovation Ecosystem
      • EQE and EPAC Candidates
        • Go back
        • Overview
        • Paper F brain-teasers
        • Daily D questions
        • European qualifying examination - Guide for preparation
        • EPAC
      • Judges, lawyers and prosecutors
        • Go back
        • Overview
        • Compulsory licensing in Europe
        • The jurisdiction of European courts in patent disputes
      • National offices and IP authorities
        • Go back
        • Overview
        • Learning material for examiners of national officers
        • Learning material for formalities officers and paralegals
      • Patent attorneys and paralegals
      • Universities, research centres and TTOs
        • Go back
        • Overview
        • Modular IP Education Framework (MIPEF)
        • Pan-European Seal Young Professionals Programme
          • Go back
          • Overview
          • For students
          • For universities
            • Go back
            • Overview
            • IP education resources
            • University memberships
          • Our young professionals
          • Professional development plan
        • Academic Research Programme
          • Go back
          • Overview
          • Completed research projects
          • Current research projects
        • IP Teaching Kit
          • Go back
          • Overview
          • Download modules
        • Intellectual property course design manual
        • PATLIB Knowledge Transfer to Africa
          • Go back
          • The PATLIB Knowledge Transfer to Africa initiative (KT2A)
          • KT2A core activities
          • Success story: Malawi University of Science and Technology and PATLIB Birmingham
  • About us
    • Go back
    • Overview
    • The EPO at a glance
    • 50 years of the EPC
      • Go back
      • Official celebrations
      • Overview
      • Member states’ video statements
        • Go back
        • Albania
        • Austria
        • Belgium
        • Bulgaria
        • Croatia
        • Cyprus
        • Czech Republic
        • Denmark
        • Estonia
        • Finland
        • France
        • Germany
        • Greece
        • Hungary
        • Iceland
        • Ireland
        • Italy
        • Latvia
        • Liechtenstein
        • Lithuania
        • Luxembourg
        • Malta
        • Monaco
        • Montenegro
        • Netherlands
        • North Macedonia
        • Norway
        • Poland
        • Portugal
        • Romania
        • San Marino
        • Serbia
        • Slovakia
        • Slovenia
        • Spain
        • Sweden
        • Switzerland
        • Türkiye
        • United Kingdom
      • 50 Leading Tech Voices
      • Athens Marathon
      • Kids’ collaborative art competition
    • Legal foundations and member states
      • Go back
      • Overview
      • Legal foundations
      • Member states
        • Go back
        • Overview
        • Member states by date of accession
      • Extension states
      • Validation states
    • Administrative Council and subsidiary bodies
      • Go back
      • Overview
      • Communiqués
        • Go back
        • 2024
        • Overview
        • 2023
        • 2022
        • 2021
        • 2020
        • 2019
        • 2018
        • 2017
        • 2016
        • 2015
        • 2014
        • 2013
      • Calendar
      • Documents and publications
        • Go back
        • Overview
        • Select Committee documents
      • Administrative Council
        • Go back
        • Overview
        • Composition
        • Representatives
        • Rules of Procedure
        • Board of Auditors
        • Secretariat
        • Council bodies
    • Principles & strategy
      • Go back
      • Overview
      • Mission, vision, values & corporate policy
      • Strategic Plan 2028
        • Go back
        • Driver 1: People
        • Driver 2: Technologies
        • Driver 3: High-quality, timely products and services
        • Driver 4: Partnerships
        • Driver 5: Financial sustainability
      • Towards a New Normal
      • Data protection & privacy notice
    • Leadership & management
      • Go back
      • Overview
      • About the President
      • Management Advisory Committee
    • Sustainability at the EPO
      • Go back
      • Overview
      • Environmental
        • Go back
        • Overview
        • Inspiring environmental inventions
      • Social
        • Go back
        • Overview
        • Inspiring social inventions
      • Governance and Financial sustainability
    • Procurement
      • Go back
      • Overview
      • Procurement forecast
      • Doing business with the EPO
      • Procurement procedures
      • Dynamic Purchasing System (DPS) publications
      • Sustainable Procurement Policy
      • About eTendering
      • Invoicing
      • Procurement portal
        • Go back
        • Overview
        • e-Signing contracts
      • General conditions
      • Archived tenders
    • Services & activities
      • Go back
      • Overview
      • Our services & structure
      • Quality
        • Go back
        • Overview
        • Foundations
          • Go back
          • Overview
          • European Patent Convention
          • Guidelines for examination
          • Our staff
        • Enabling quality
          • Go back
          • Overview
          • Prior art
          • Classification
          • Tools
          • Processes
        • Products & services
          • Go back
          • Overview
          • Search
          • Examination
          • Opposition
          • Continuous improvement
        • Quality through networking
          • Go back
          • Overview
          • User engagement
          • Co-operation
          • User satisfaction survey
          • Stakeholder Quality Assurance Panels
        • Patent Quality Charter
        • Quality Action Plan
        • Quality dashboard
        • Statistics
          • Go back
          • Overview
          • Search
          • Examination
          • Opposition
        • Integrated management at the EPO
      • Consulting our users
        • Go back
        • Overview
        • Standing Advisory Committee before the EPO (SACEPO)
          • Go back
          • Overview
          • Objectives
          • SACEPO and its working parties
          • Meetings
          • Single Access Portal – SACEPO Area
        • Surveys
          • Go back
          • Overview
          • Detailed methodology
          • Search services
          • Examination services, final actions and publication
          • Opposition services
          • Formalities services
          • Customer services
          • Filing services
          • Key Account Management (KAM)
          • Website
          • Archive
      • Our user service charter
      • European and international co-operation
        • Go back
        • Overview
        • Co-operation with member states
          • Go back
          • Overview
        • Bilateral co-operation with non-member states
          • Go back
          • Overview
          • Validation system
          • Reinforced Partnership programme
        • Multilateral international co-operation with IP offices and organisations
        • Co-operation with international organisations outside the IP system
      • European Patent Academy
        • Go back
        • Overview
        • Partners
      • Chief Economist
        • Go back
        • Overview
        • Economic studies
      • Ombuds Office
      • Reporting wrongdoing
    • Observatory on Patents and Technology
      • Go back
      • Overview
      • Innovation against cancer
      • Innovation actors
        • Go back
        • Overview
        • Startups and SMEs
      • Policy and funding
        • Go back
        • Overview
        • Financing innovation programme
          • Go back
          • Overview
          • Our studies on the financing of innovation
          • EPO initiatives for patent applicants
          • Financial support for innovators in Europe
        • Patents and standards
          • Go back
          • Overview
          • Publications
          • Patent standards explorer
      • Tools
        • Go back
        • Overview
        • Deep Tech Finder
      • About the Observatory
        • Go back
        • Overview
        • Work plan
    • Transparency portal
      • Go back
      • Overview
      • General
        • Go back
        • Overview
        • Annual Review 2023
          • Go back
          • Overview
          • Foreword
          • Executive summary
          • 50 years of the EPC
          • Strategic key performance indicators
          • Goal 1: Engaged and empowered
          • Goal 2: Digital transformation
          • Goal 3: Master quality
          • Goal 4: Partner for positive impact
          • Goal 5: Secure sustainability
        • Annual Review 2022
          • Go back
          • Overview
          • Foreword
          • Executive summary
          • Goal 1: Engaged and empowered
          • Goal 2: Digital transformation
          • Goal 3: Master quality
          • Goal 4: Partner for positive impact
          • Goal 5: Secure sustainability
      • Human
      • Environmental
      • Organisational
      • Social and relational
      • Economic
      • Governance
    • Statistics and trends
      • Go back
      • Overview
      • Statistics & Trends Centre
      • Patent Index 2024
        • Go back
        • Insight into computer technology and AI
        • Insight into clean energy technologies
        • Statistics and indicators
          • Go back
          • European patent applications
            • Go back
            • Key trend
            • Origin
            • Top 10 technical fields
              • Go back
              • Computer technology
              • Electrical machinery, apparatus, energy
              • Digital communication
              • Medical technology
              • Transport
              • Measurement
              • Biotechnology
              • Pharmaceuticals
              • Other special machines
              • Organic fine chemistry
            • All technical fields
          • Applicants
            • Go back
            • Top 50
            • Categories
            • Women inventors
          • Granted patents
            • Go back
            • Key trend
            • Origin
            • Designations
      • Data to download
      • EPO Data Hub
      • Clarification on data sources
    • History
      • Go back
      • Overview
      • 1970s
      • 1980s
      • 1990s
      • 2000s
      • 2010s
      • 2020s
    • Art collection
      • Go back
      • Overview
      • The collection
      • Let's talk about art
      • Artists
      • Media library
      • What's on
      • Publications
      • Contact
      • Culture Space A&T 5-10
        • Go back
        • Catalyst lab & Deep vision
          • Go back
          • Irene Sauter (DE)
          • AVPD (DK)
          • Jan Robert Leegte (NL)
          • Jānis Dzirnieks (LV) #1
          • Jānis Dzirnieks (LV) #2
          • Péter Szalay (HU)
          • Thomas Feuerstein (AT)
          • Tom Burr (US)
          • Wolfgang Tillmans (DE)
          • TerraPort
          • Unfinished Sculpture - Captives #1
          • Deep vision – immersive exhibition
          • Previous exhibitions
        • The European Patent Journey
        • Sustaining life. Art in the climate emergency
        • Next generation statements
        • Open storage
        • Cosmic bar
      • "Long Night"
  • Boards of Appeal
    • Go back
    • Overview
    • Decisions of the Boards of Appeal
      • Go back
      • Overview
      • Recent decisions
      • Selected decisions
    • Information from the Boards of Appeal
    • Procedure
    • Oral proceedings
    • About the Boards of Appeal
      • Go back
      • Overview
      • President of the Boards of Appeal
      • Enlarged Board of Appeal
        • Go back
        • Overview
        • Pending referrals (Art. 112 EPC)
        • Decisions sorted by number (Art. 112 EPC)
        • Pending petitions for review (Art. 112a EPC)
        • Decisions on petitions for review (Art. 112a EPC)
      • Technical Boards of Appeal
      • Legal Board of Appeal
      • Disciplinary Board of Appeal
      • Presidium
        • Go back
        • Overview
    • Code of Conduct
    • Business distribution scheme
      • Go back
      • Overview
      • Technical boards of appeal by IPC in 2025
      • Archive
    • Annual list of cases
    • Communications
    • Annual reports
      • Go back
      • Overview
    • Publications
      • Go back
      • Abstracts of decisions
    • Case Law of the Boards of Appeal
      • Go back
      • Overview
      • Archive
  • Service & support
    • Go back
    • Overview
    • Website updates
    • Availability of online services
      • Go back
      • Overview
    • FAQ
      • Go back
      • Overview
    • Publications
    • Ordering
      • Go back
      • Overview
      • Patent Knowledge Products and Services
      • Terms and conditions
        • Go back
        • Overview
        • Patent information products
        • Bulk data sets
        • Open Patent Services (OPS)
        • Fair use charter
    • Procedural communications
    • Useful links
      • Go back
      • Overview
      • Patent offices of member states
      • Other patent offices
      • Directories of patent attorneys
      • Patent databases, registers and gazettes
      • Disclaimer
    • Contact us
      • Go back
      • Overview
      • Filing options
      • Locations
    • Subscription centre
      • Go back
      • Overview
      • Subscribe
      • Change preferences
      • Unsubscribe
    • Official holidays
    • Glossary
    • RSS feeds
Board of Appeals
Decisions

Recent decisions

Overview
  • 2025 decisions
  • 2024 decisions
  • 2023 decisions
  1. Home
  2. T 1085/20 (Fermentation/JUPENG) 05-07-2022
Facebook X Linkedin Email

T 1085/20 (Fermentation/JUPENG) 05-07-2022

European Case Law Identifier
ECLI:EP:BA:2022:T108520.20220705
Date of decision
05 July 2022
Case number
T 1085/20
Petition for review of
-
Application number
14735047.4
IPC class
C12N 1/20
C12M 1/34
C12P 7/06
Language of proceedings
EN
Distribution
NO DISTRIBUTION (D)

Download and more information:

Decision in EN 399.39 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

CONTROL OF CONDUCTIVITY IN ANAEROBIC FERMENTATION

Applicant name
Jupeng Bio (HK) Limited
Opponent name
ArcelorMittal
Board
3.3.05
Headnote
-
Relevant legal provisions
European Patent Convention Art 54(1)
European Patent Convention Art 54(2)
European Patent Convention Art 123(2)
Rules of procedure of the Boards of Appeal Art 12(2)
Rules of procedure of the Boards of Appeal Art 12(4)
Rules of procedure of the Boards of Appeal Art 12(6)
Keywords

Novelty - main request (no)

Novelty - implicit disclosure (yes)

Amendments - allowable (no)

Late-filed request - should have been submitted in first-instance proceedings (yes)

Late-filed request - admitted (no)

Catchword
-
Cited decisions
G 0001/21
T 0131/03
T 1741/12
Citing decisions
-

I. The patent proprietor's (appellant's) appeal lies from the opposition division's decision to revoke European patent 3 008 165 B1.

II. The opposition division concluded that then auxiliary request eight (claims as granted) did not meet the requirements of Article 54 EPC and that the other sets of claims under consideration went beyond the original disclosure.

III. The following documents were among those discussed at the opposition stage:

D2|WO 2012/015317 A1 |

D5|"Declaration" by B.D. Heijstra, dated 8 October 2019|

IV. With its grounds of appeal, the appellant indicated that the claims as granted were its main request and additionally submitted nine auxiliary claim requests.

V. Independent claim 1 of the main request (patent as granted) reads as follows:

"1. A process for fermenting a CO-containing gaseous substrate comprising:

providing a CO-containing gaseous substrate to a fermentation medium and fermenting the CO-containing gaseous substrate by contacting with one or more acetogenic bacteria;

controlling medium conductivity during fermentation while providing a space time yield (STY) of 10 g ethanol/(L·day) or more, wherein the fermentation medium has a conductivity of 30 mS/cm or less; and

maintaining a conductivity to specific carbon uptake (SCU in mmole/minute/gram dry cells) relationship according to a formula where

SCU = SCUmax - F*conductivity,

wherein SCUmax up to 3 and F = 0.05 to 1."

VI. Independent claim 1 of the first auxiliary request additionally contains the following feature at the end:

"... wherein upon reaching a target cell density the cell density is maintained through cell recycle."

VII. Compared with the main request, independent claim 1 of the second auxiliary request additionally contains the following feature at the end:

"... and further wherein the CO-containing substrate provided to the fermentor has an H2 to CO molar ratio of 0.2 or more."

VIII. Compared with the main request, independent claim 1 of the third auxiliary request additionally contains the following feature at the end:

"... wherein upon reaching a target cell density the cell density is maintained through cell recycle in which liquid effluent from the reactor is sent to a cell separator where cells and permeate are separated, and cells are sent back to the reactor."

IX. Compared with the main request, the maximum conductivity of the fermentation medium is further limited to "25 mS/cm or less" in independent claim 1 of the fourth auxiliary request.

X. Independent claim 1 of the fifth auxiliary request combines the modifications of the first and fourth auxiliary requests.

XI. Independent claim 1 of the sixth auxiliary request combines the modifications of the second and fourth auxiliary requests.

XII. Independent claim 1 of the seventh auxiliary request combines the modifications of the third and fourth auxiliary requests.

XIII. Compared with the main request, independent claim 1 of the eighth auxiliary request additionally contains the following feature at the end:

"... said process providing a target cell density of 3 to 30 g/L, wherein the cell density is maintained through cell recycle."

XIV. Compared with the main request, independent claim 1 of the ninth auxiliary request additionally contains the following feature at the end:

"... said process providing a target cell density of 3 to 30 g/L wherein the cell density is maintained through cell recycle in which liquid effluent from the reactor is sent to a cell separator where cells and permeate are separated, and cells are sent back to the reactor."

XV. With its reply to the statement setting out the grounds of appeal, the opponent (respondent) further submitted the following document:

D6|"Second declaration" by B.D. Heijstra, dated 16 October 2020 |

XVI. The appellant's arguments at the appeal stage relevant to the present decision can be summarised as follows.

The oral proceedings before the board was not to be held as a videoconference but as an in-person hearing.

The second declaration D6 was not to be admitted.

The claims as granted fulfilled the requirements of Article 54 EPC, in particular in view of D2.

The first, second, fourth, fifth, sixth and eighth auxiliary requests were direct reactions to issues under Articles 123(2) and 54 EPC raised in the decision under appeal and were thus to be admitted.

The third, seventh and ninth auxiliary requests fulfilled the requirements of Article 123(2) EPC.

XVII. The respondent's arguments at the appeal stage are reflected in the reasons below.

XVIII. The appellant requests that the decision under appeal be set aside and that the patent be maintained as granted. It alternatively requests that the patent be maintained as amended on the basis of one of nine auxiliary requests submitted with the statement setting out the grounds of appeal.

The respondent requests that the appeal be dismissed.

1. Format of the hearing

1.1 While the respondent requested that the oral proceedings be held as a videoconference, the appellant requested that the oral proceedings take place in person.

1.2 For the following reasons, the oral proceedings were held as a videoconference.

- At the time of the oral proceedings, the number of confirmed COVID-19 cases in Germany, but also in France and to a lesser degree in the United Kingdom, was still high. Access restrictions to EPO buildings were still in force.

Hence, there was still a general emergency impairing the parties' possibilities to attend in-person oral proceedings. Under these circumstances, oral proceedings in the form of a videoconference could be held even if not all the parties had given their consent (G 1/21, point 49 of the Reasons, Order).

- The appellant argued that the "issues to be discussed [were] complicated and would merit discussion in person", yet without explaining in more detail why the complexity of the case was such that a videoconference was not suited. The board could not identify such a reason either.

- The respondent indicated that it would be represented by a single person at the oral proceedings. Thus, the appellant's argument that it would be "difficult to know who [was] speaking" was not convincing either.

- The appellant moreover argued that the respondent's request to hold the oral proceedings as a videoconference was late filed. However, the request was made more than one month before the scheduled date. In view of the dynamic nature of the pandemic, it appears to have been filed in reasonable time.

2. Consideration of the second declaration D6

2.1 The respondent submitted the second declaration D6 with its reply to the statement setting out the grounds of appeal. This document aims at corroborating the findings of the first declaration D5, which was submitted at the opposition stage.

Both declarations are signed by one of the inventors of D2 and present attempts at reproducing Example 1B of D2 to prove that this example inherently fulfils the criteria of claim 1 as granted also for:

- conductivity

- the coefficients SCUmax and F of the relationship between the specific carbon uptake (SCU) and conductivity

2.2 The appellant requests that D6 not be admitted. In its view, the respondent acted in bad faith when submitting D5 with insufficient information on the experiments carried out in a way that was not representative of Example 1B of D2. The respondent should have submitted D6 during the first-instance proceedings, e.g. in place of or in addition to D5.

Like D5, D6 was not relevant in the appellant's view since it gave only sparse information on how the experiments were carried out and since there were major differences:

- between D6 and Example 1B of D2

- between D6 and D5

Therefore, the results of D6 were not representative of Example 1B of D2 either.

2.3 The appellant's arguments are, however, not convincing.

As to the chronology of events, the respondent indicated in response to the summons to oral proceedings at the opposition stage (two months before the oral proceedings and still within the time limit of Rule 116 EPC) the principal experimental results that would later be filed as D5. Thus, prior to filing D5, the respondent reported on, inter alia, the strain of bacteria used, the temperature, the ethanol/acetate productions, the amount of biomass, the conductivity, values of SCUmax and F as well as the fact that a "similar pH" to in D2 was applied.

The respondent subsequently confirmed these data by submitting the first declaration D5. While this submission occurred after the time limit of Rule 116 EPC, it was still seven weeks before the oral proceedings.

The appellant subsequently submitted the eighth auxiliary request (the patent as granted) three days before the oral proceedings to react to objections under Articles 123(2) and 84 EPC but did not comment on D5. The appellant did so only at the oral proceedings when it raised objections against the results of D5.

The opposition division nevertheless considered D5 and partly based its finding of lack of novelty of the subject-matter of claim 1 of the eighth auxiliary request on this document (see point 4.4.3 of the decision under appeal).

The reply to the statement setting out the grounds of appeal was thus the first occasion for the respondent to react to the objections raised by the appellant against D5 at the oral proceedings. The submission of D6 with the reply to the statement setting out the grounds of appeal was therefore a timely reaction.

2.4 Moreover, D6 corroborates the results of D5. Indeed, while the respondent indicated that the conditions applied in D5 were merely "similar" to those of Example 1B of D2 (which was criticised by the appellant at the oral proceedings at the opposition stage), the conditions in D6 were allegedly "identical" to them. D6 is therefore directed to an objection on which the decision under appeal is based (Article 12(2) RPBA 2020).

As is shown below, D6 moreover proves that Example 1B of D2 inherently fulfils the criteria of claim 1 for conductivity and the relationship between SCU and conductivity (see points 3.3 to 3.5 below).

No bad faith can therefore be identified.

2.5 Consequently, the second declaration D6 is admitted (Article 12(4) RPBA 2020).

Main request

The main request corresponds to the patent as granted and to the eighth auxiliary request underlying the decision under appeal.

For the reasons set out below, the main request does not fulfil the requirements of Article 54(1) and (2) EPC.

3. Article 54 EPC

3.1 The opposition division concluded that the subject-matter of claim 1 lacked novelty in view of Example 1B of D2. While this example did not explicitly disclose a conductivity and thus the relationship according to the formula of claim 1 could not be verified either, D5 showed, in the view of the opposition division, that, under experimental conditions "similar" to those of D2, Example 1B of D2 inherently reflected the claimed conductivity and the relationship between SCU and conductivity. The appellant had provided no counter-evidence in this regard (see point 4.4.3 of the Reasons of the decision under appeal).

3.2 In the appellant's view, the opposition division's conclusion was wrong. Example 1B of D2 disclosed neither a conductivity of 30 mS/cm or less, the maintenance of the relationship between the SCU and conductivity nor a constantly high ethanol space-time yield (STY) of 10 g ethanol/l/day or more. D2 did not disclose an active control of the conductivity either.

D6 was not sufficient to fill these gaps because it was not representative of Example 1B of D2.

Since D5 and D6 were flawed, it was not necessary for the appellant to carry out its own experiments.

3.3 The board does not share this view.

The ethanol STY of 26.14 g/l on the second day of Example 1B of D2 (Table 2) is significantly higher than 10 g/l/day as required by claim 1 of the main request. This was not disputed. Also, claim 1 does not specify a minimum duration during which the required production has to be achieved.

The expression "controlling medium conductivity" in claim 1 is also anticipated since, as is shown below, Example 1B of D2 results in a conductivity clearly below 30 mS/cm. Even according to the patent in suit (paragraph [0039]), "controlling" encompasses the use of suitable media which provide a low conductivity.

D6 uses the same Clostridium autoethanogenum DSM 23693 strain as Example 1B of D2. Like the example of D2, D6 discloses a batch process with high ethanol production on the second day (19.42 g/l/d) and confirms that the conductivity under these circumstances is between 8.7 and 17.5 mS/cm, thus well below the claimed upper limit of 30 mS/cm. The values of SCUmax (2.2256) and F (0.0781) of the relationship between SCU and conductivity as determined by linear regression (in line with Figure 31 of the patent in suit) also plainly fall within the claimed ranges.

On the other hand, there are indeed several differences:

- between D6 and Example 1B of D2

- between D6 and D5

(i) Thus, the conductivities obtained in D5 and D6 vary quite significantly (2.256 and 1.988 mS/cm in D5 vs. 8.7 to 17.5 mS/cm in D6). According to the appellant, the conductivity moreover varies significantly over time.

However, all the values measured in D5 and D6 are clearly below the upper limit of 30 mS/cm of claim 1. Furthermore, just as for the ethanol production, claim 1 does not specify a minimum duration during which the conductivity has to remain below 30 mS/cm.

(ii) The pH of 5 in D6 is not identical to the value of 5.3 in Example 1B of D2, which was adjusted by adding NH4OH (page 26, line 7).

In the appellant's view, such a different pH was likely to have a significant impact on the nutrients and the solubility of any metals present and in turn on conductivity and carbon uptake.

There is, however, no counter-evidence on file proving that this causes one of the parameters of claim 1 to be outside the claimed ranges.

(iii) While the results of Example 1B of D2 were collected over two days, this was done over three days in D6. Moreover, the acetate production and the amount of biomass in D6 and D2 were different.

What happened on day 3 of the experiments of D6 is indeed irrelevant for assessing novelty since experiment 1B of D2 only lasted two days. It is also true that the differences mentioned above show that the experiments of D6 are not a perfect reproduction of Example 1B of D2.

However, it is normal that experiments have a certain variability, and all the values obtained in D6 clearly fall within the claimed ranges.

3.4 In view of these facts, the board has no doubt that the unusual parameters conductivity and coefficients of the linear relationship between SCU and conductivity - at least in the context of fermentation - are inherently disclosed in Example 1B of D2 (see, for example, T 131/03, keyword).

The appellant, which had known about the respondent's allegation since two months before the oral proceedings at the opposition stage, nevertheless chose to not submit any experimental counter-evidence, neither at the opposition stage nor at the appeal stage.

3.5 Consequently, Example 1B of D2 anticipates the subject-matter of claim 1 of the main request (Article 54(1) and (2) EPC).

Third, seventh and ninth auxiliary requests

4. Article 123(2) EPC

4.1 The appellant indicated that the features "reaching [of] a target cell density", "cell recycle" and "cell separator" added to claim 1 were taken from the passage on page 11, lines 20 to 24 as originally filed.

4.2 The opposition division concluded that these requests did not fulfil the requirements of Article 123(2) EPC, notably since the features of claim 1 were taken from different embodiments not directly and unambiguously disclosed in combination.

4.3 For the reasons set out below, this is indeed the case.

The application as originally filed is directed to three distinct and independent embodiments, i.e. processes for obtaining a high ethanol STY in three different ways (page 1, lines 25 to 29):

- a first process: "maintaining a conductivity to specific carbon uptake ... relationship according to a formula where SCU = SCUmax - F*conductivity" (page 1, line 30 to page 2, line 2; independent claim 1)

- a second process: "maintaining a conductivity (y) to specific gas feed rate (x) ... until reaching a target cell density" followed by "maintaining a cell density above a target cell density and maintaining a conductivity" (page 2, lines 3 to 10; independent claim 8)

- a third process: "chloride ions in the fermentation medium are substituted" with other ions (page 2, lines 11 to 18; independent claim 15)

In the description as originally filed, in particular pages 10 and 11, it is not always clear which passages are of a general nature and which refer to specific embodiments, in particular because of the frequent use of expressions such as "in one aspect" or "in another aspect" (for example, on page 10, lines 24 and 33 and on page 11, line 7).

While the passage on page 10, lines 24 to 32 refers to the relationship between SCU and conductivity, and thus to the first process, the subsequent passage starting on line 33 refers to the second process since it involves the "specific gas feed rate (x)" (although the formula in the last line of page 10 is not identical to that of claim 8 as originally filed) and the "reaching [of] a target cell density". Consistent with this, the relationship between SCU and conductivity is not mentioned in the passage from page 10, line 33 to page 11, line 29.

4.4 It can thus not be directly and unambiguously derived that the features "reaching [of] a target cell density", "cell recycle" and "cell separator" of page 11, lines 20 to 24 are disclosed:

- in combination with the first process

- in isolation from other features specific to the second process, such as the relationship with the "specific gas feed rate (x)"

Moreover, claim 8 and the passage on page 10, line 33 to page 11, line 1 as originally filed make it clear that the specific gas feed rate (x) directly influences the prevailing cell density and that these features are inextricably linked to each other.

4.5 In the appellant's view, the term "aspect" in the application as originally filed merely designates preferred features.

This argument is not convincing since, in this event, there would be no reason for:

- a description with the three distinct and independent processes

- the presence of three independent method claims, which correspond to these three processes

4.6 Hence, the third, seventh and ninth auxiliary requests do not fulfil the requirements of Article 123(2) EPC.

First, second, fourth, fifth, sixth and eighth auxiliary requests

The appellant submitted these auxiliary requests for the first time with the statement setting out the grounds of appeal. This was uncontested.

5. Consideration/admissibility of the auxiliary requests

5.1 The respondent requests that these auxiliary requests not be admitted.

For the reasons set out below, these requests are not considered (Article 12(6) RPBA 2020).

5.2 The appellant argues that the submission of these auxiliary requests was triggered by the opposition division's surprising findings in the decision under appeal that:

- the then main request and first to seventh auxiliary requests do not meet the requirements of Article 123(2) EPC

- the then eighth auxiliary request (patent as granted, current main request) does not meet the requirements of Article 54 EPC over D2, while such an objection had not been raised in the summons

The appellant moreover argues that these requests should also be considered for reasons of equal treatment of the parties if D6 is considered.

5.3 Regarding Article 123(2) EPC, as early as in the summons to oral proceedings, the opposition division indicated that the feature relating to the "target cell density" in claim 1 instead related to the embodiments of claims 8 and 15 as originally filed (i.e. to the second and third processes mentioned above under point 4.3) and that, consequently, neither the main request nor the auxiliary requests then on file met the requirements of Article 123(2) EPC.

In response to these summons, the appellant submitted a new main request and seven auxiliary requests.

However, in a letter dated 27 September 2019, the respondent indicated that the objection under Article 123(2) EPC also applied to all these new requests.

In response, the appellant submitted the eighth auxiliary request (claims as granted) to overcome the issue of "added matter", among others.

The appellant was thus aware of the objection against the feature "target cell density" under Article 123(2) EPC well before the decision under appeal was issued.

5.4 Regarding Article 54 EPC, it is true that the summons to oral proceedings at the opposition stage do not cite D2 under Article 54 EPC.

This is, however, logical since the claims as granted (then auxiliary request 8, current main request) were not pending at this point (the then pending requests were narrower). Moreover, experimental results D5 had not yet been submitted.

In the summons, the opposition division indicated that D2 failed to disclose, among other things, values of conductivity (and thus also the claimed relationship between SCU and conductivity). In addition, the opposition division indicated two further distinguishing features, namely (ii) the H2/CO molar ratio and (iii) the maintenance of the cell density, since at this point in time, the independent claim additionally comprised these features. Consequently, these findings were listed under Article 56 EPC and not under Article 54 EPC.

Subsequent to the summons and two months before the oral proceedings at the opposition stage, the respondent indicated that additional tests had been carried out proving that the conductivity in Example 1B of D2 was 30 mS/cm or less and that the relationship between SCU and conductivity of claim 1 of the patent in suit was also fulfilled. Again, since the claims then on file were narrower, the respondent raised an objection under Article 56 EPC.

Two weeks later, yet still seven weeks before the oral proceedings, the appellant submitted declaration D5 to confirm these findings.

The appellant did react to the respondent's submissions, i.e. by re-submitting the (broader) claims as granted three days before the oral proceedings (as the then eighth auxiliary request).

5.5 This proves that the appellant must have known about the facts and arguments underlying the decision under appeal in advance and that it had sufficient time to react.

In accordance with established case law, the "parties in inter partes cases are subject to a particular duty to facilitate due and swift conduct of the proceedings, in particular by submitting all relevant facts, evidence, arguments and requests as early and completely as possible" (Case Law of the Boards of Appeal, 9th edn., 2019, IV.C.4.3).

Therefore, the appellant could and should have filed the first, second, fourth, fifth, sixth and eighth auxiliary requests at the opposition stage, e.g. when it submitted the then eighth auxiliary request, even if the appellant considered the results of D5 unconvincing. By contrast, the appellant indicated at the end of the oral proceedings at the opposition stage that it would not submit further requests (point 8.8 of the minutes).

To do so only at the appeal stage is detrimental to the need for procedural economy (Article 12(4) RPBA 2020) and contrary to the primary objective of the appeal proceedings, which is to review the decision under appeal in a judicial manner (Article 12(2) RPBA 2020).

5.6 There is also no reason for admitting these auxiliary requests for reasons of equal treatment of the parties after the admission of document D6.

The admissibility of the auxiliary requests and D6 are independent of each other. A comparison of the reasons given under points 2. and 5. above moreover shows that the circumstances are different. For example, while D6 was submitted at the earliest point after the appellant had raised its objections against D5 (point 2.3 above), the appellant waited until the appeal stage before submitting the auxiliary requests (see point 5.2 to 5.5). This is contrary to the requirement of due process.

Order

For these reasons it is decided that:

The appeal is dismissed.

Footer - Service & support
  • Service & support
    • Website updates
    • Availability of online services
    • FAQ
    • Publications
    • Procedural communications
    • Contact us
    • Subscription centre
    • Official holidays
    • Glossary
Footer - More links
  • Jobs & careers
  • Press centre
  • Single Access Portal
  • Procurement
  • Boards of Appeal
Facebook
European Patent Office
EPO Jobs
Instagram
EuropeanPatentOffice
Linkedin
European Patent Office
EPO Jobs
EPO Procurement
X (formerly Twitter)
EPOorg
EPOjobs
Youtube
TheEPO
Footer
  • Legal notice
  • Terms of use
  • Data protection and privacy
  • Accessibility