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 Inventors 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
      • Technologies
      • 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
      • Technologies
        • Go back
        • Overview
        • Innovation against cancer
        • Assistive robotics
        • Space technologies
      • Innovation actors
        • Go back
        • Overview
        • Startups and SMEs
          • Go back
          • Overview
          • Publications
        • Research universities and public research organisations
      • 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 1529/20 19-02-2024
Facebook X Linkedin Email

T 1529/20 19-02-2024

European Case Law Identifier
ECLI:EP:BA:2024:T152920.20240219
Date of decision
19 February 2024
Case number
T 1529/20
Petition for review of
-
Application number
14190170.2
IPC class
H02K 3/48
H02K 15/00
H02K 15/12
Language of proceedings
EN
Distribution
NO DISTRIBUTION (D)

Download and more information:

Decision in EN 395.3 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

Vibration damage repair in dynamoelectric machines

Applicant name
General Electric Company
Opponent name
Andritz AG
Board
3.5.02
Headnote
-
Relevant legal provisions
European Patent Convention Art 108
European Patent Convention Art 113(1)
European Patent Convention Art 133
European Patent Convention Art 134
European Patent Convention R 79(1)
European Patent Convention R 81
European Patent Convention R 103(1)(a)
European Patent Convention R 125(2)
European Patent Convention R 126(2)
European Patent Convention R 129
European Patent Convention R 130
Keywords

Admissibility of appeal - (yes)

No proof of receipt of communication under Rule 79(1) EPC

Right to be heard - opportunity to comment (no)

Right to be heard - violation (yes)

Reimbursement of appeal fee - equitable by reason of a substantial procedural violation

Catchword
-
Cited decisions
R 0015/11
R 0004/17
R 0006/19
J 0009/05
T 0247/98
T 1535/10
T 0966/17
T 2037/18
T 1219/19
Citing decisions
-

I. The appeal of the patent proprietor lies from the decision of the opposition division revoking European patent No. 2 869 436.

II. During the whole opposition proceedings, no reply of the proprietor to the communications of the opposition division or to the invitation to give notice of the appointment of a professional representative was received. The opposition division issued a direct decision refusing the patent in writing without prior communication of its preliminary opinion less than two months after the time limit to file observations set according to Rule 79(1) EPC had expired.

III. In a communication under Article 15(1) RPBA sent together with the summons to oral proceedings, the board indicated its preliminary opinion that the appeal was admissible and that it intended to remit the case to the opposition division and to reimburse the appeal fee due to a substantial procedural violation.

IV. Neither party filed a written response in substance to the board's preliminary opinion.

V. Oral proceedings before the board took place on 19 February 2024 as a videoconference, as requested by both parties.

VI. The appellant (patent proprietor) requested that the decision under appeal be set aside, that the case be remitted to the opposition division because of a substantial procedural violation in the first instance proceedings, that after remittal a four month time limit be set for them to file observations on the notice of opposition, and that the appeal fee be reimbursed (main request).

As first auxiliary request the appellant requested that the decision under appeal be set aside, that the case be remitted to the opposition division, that after remittal an appropriate time limit be set for them to file observations on the notice of opposition.

As second auxiliary request the appellant requested that the decision under appeal be set aside and the patent be maintained as granted.

Further, the appellant requested that the decision under appeal be set aside and that the patent be maintained on the basis of the claims of either the third or fourth auxiliary request, both filed with the statement of grounds of appeal.

VII. The respondent (opponent) requested as main request that the appeal be rejected as inadmissible, or as auxiliary request that the appeal be dismissed.

VIII. The parties' arguments which are of particular relevance for the decision are detailed below together with the reasons for the decision.

1. Admissibility of the appeal - Article 108 EPC

In the present case there are two issues at stake concerning admissibility of the appeal, namely (i) whether the appeal was timely filed and (ii) whether the appellant was negatively affected by the opposition division's decision, the latter issue having been raised by the respondent.

1.1 (i) According to Article 108, first sentence, EPC a notice of appeal shall be filed, in accordance with the Implementing Regulations, at the European Patent Office within two months of notification of the decision.

In the present case the decision of the opposition division is dated 6 April 2020 and following the legal fiction set by Rule 126(2) EPC, in the version applicable until 31 October 2023 (see Rule 126 EPC after the amendment introduced with CA/D 2/19, in OJ EPO 2019, A31 and after CA/D 10/22 in OJ EPO 2022, A101), was deemed to be notified to the parties on the tenth day following its handover to the postal service provider, i.e. on 16 April 2020.

Notification was done to the then proprietor and not to the representative, as would have been required by Rule 130(1) EPC, since in the relevant period the appellant was not represented by a professional representative.

1.2 The appellant submitted that they had never received the opposition division's decision and that they had become aware of it and more generally of the opposition proceedings only by an email of an employee of the EPO, PA admemp patent FO Team Central Formalities MU, Dir 1.2.5.1 dated 26 June 2020, 6 pm.

1.3 The legal fiction indicated under Rule 126(2) EPC above is rebutted if the registered letter had failed to reach the addressee or had reached them at a later date. In the event of any dispute, it is incumbent on the EPO to establish that the letter has reached its destination or to establish the date on which the letter was delivered to the addressee.

1.4 With the abolition of advices of delivery for notification of decisions by registered letter (see CA/D 2/19 in OJ EPO 2019, A31), it was the practice of the EPO at the relevant time to enclose an acknowledgement of receipt (Form 2936) with notifications by registered letter of decisions incurring a period for appeal and summonses. Addressees were requested to date and sign the form and return it immediately, as evidence of receipt (see points 3 and 5 of the Notice on Rule 126(1) EPC, indicated in OJ EPO 2019, A57).

1.5 However in the present case such confirmation of receipt for the decision of the opposition division was available in the file from the then opponent (respondent) only, but not from the then patent proprietor (appellant).

1.6 For the purposes of Rule 126(2) EPC, the present board therefore initiated a postal investigation concerning the delivery of the decision dated 6 April 2020 (parcel number: RD432322983NL), within one year from the date in which the decision was posted. The outcome of the investigation carried out by the responsible service provider was negative, as the postal provider could not track any delivery of the parcel to the addressee, and the parcel had thus to be declared lost.

1.7 Since the EPO could not prove whether the registered letter reached the appellant, as required by Rule 126(2) EPC, it must be accepted that the legal fiction of deemed notification did not apply and the appellant became aware of the appealed decision for the first time with the email on 26 June 2020. This date is therefore the date of notification of the decision.

A further notification of the decision is not necessary since the proprietor acknowledged to have become fully aware of the decision and of its content at that time.

1.8 Notice of appeal was filed on 30 June 2020, together with the payment of the appeal fee. A statement of grounds of appeal was filed on 28 August 2020. The appeal was received within the appeal period and is therefore to this extent admissible.

1.9 (ii) The respondent has objected to the admissibility of the present appeal for the reason that, since the appellant did not present any request in the first instance proceedings, they are not negatively affected by the opposition division's decision (Article 107 EPC). The respondent bases this argument on the assumption that the appellant received all of the EPO's notifications, but chose not to react.

1.10 The board does not share the respondent's view in this regard. The lack of participation of the then proprietor to the opposition proceedings, particularly the fact that they were prevented from filing any submission and requests during the opposition proceedings as they became aware of those proceedings for the first time when they discovered that a decision had already been issued, is actually the main reason for the present appeal. Since as indicated below the board has reached the conclusion that a substantial procedural violation occurred, because it was not shown that the appellant had actually received the notice of opposition, the appellant cannot be penalised for not having reacted to the opposition. Under these circumstances, the question whether the appellant had to be regarded as negatively affected does not have any merit on admissibility of the appeal.

The appeal is therefore admissible.

2. Right to be heard - Article 113(1) EPC

The alleged violation of the right to be heard under Article 113(1) EPC is substantially based on the fact that the appellant was not given the possibility to participate in the opposition proceedings and take position on the opposition.

2.1 The appellant brought forward the argument that they received neither the communication pursuant to Articles 133 and 134 EPC inviting them to give notice of the appointment of a professional representative dated 6 June 2019, nor the communication informing them about the notice of opposition against European patent No. 2 869 436 dated 18 September 2019 (EPO Form 2316), nor the communication under Rule 79(1) EPC dated 4 October 2019, giving them the opportunity to file observations and amendments in response to the opposition (EPO Form 2317). With respect to the first, there was not even an entry into the European Patent Register.

Further, the appellant allegedly only learned about the decision to revoke the patent by an email of an employee of the EPO dated 26 June 2020 reminding them to appoint a new professional representative.

2.2 The respondent essentially argues that it was not plausible that the appellant had not been aware of the fact that the previous representative had withdrawn its representation. They contend that the withdrawal of representation by the former representative concerned plural files of the appellant for some of which the appellant had appointed new representatives and for some not. Since the withdrawal was also present in the files for which new representatives were appointed the appellant must have been aware of the fact that the former representative had withdrawn its representation. They also argued that the appellant had to be aware of the withdrawal of representation because it was its own subsidiary that had withdrawn the representation for the plurality of files.

2.3 The board does not agree with the respondent. There are two distinct issues related to the submitted violation of the right to be heard: the first concerning the invitation to appoint a professional representative under Articles 133(2) and 134 EPC and the second, and most important one, concerning the notification of the notice of opposition. The board considers it essential that a party is informed that opposition proceedings against their patent have been initiated.

2.4 The respondent submitted that no substantial procedural violation was committed by the opposition division, which acted fully in line with the legal framework and actually had no obligation to investigate delivery of any communication under the present circumstances.

2.4.1 The board cannot accept this argument. While it is correct that, as the respondent argued, the opposition division had complied with the Notice from the European Patent Office dated 16 June 2019 concerning implementation of amended Rule 126(1) EPC (OJ EPO 2019, A57) not to enclose an acknowledgement of receipt (Form 2936) with the invitation to appoint a professional representative and with the communication of the notice of opposition, the board is not convinced that as a consequence, no violation of the right to be heard had occurred, as further argued by the respondent.

2.5 As correctly pointed out by the appellant, even the Notice from the European Patent Office dated 16 June 2019 contains in point 5. the clarification that:

"For the sake of completeness, it is noted that all other provisions governing notification will remain unaffected, in particular those in Rule 126(2) EPC."

and that

"In the event of any dispute, it will still be incumbent on the EPO to establish either that the notification has reached its destination or to establish the date on which it was delivered to the addressee."

2.6 The Notice of the European Patent Office thus merely determines the format of notifications which is already apparent from its introductory paragraph

"By decision dated 28 March 2019 the Administrative Council of the European Patent Organisation amended Rule 126(1) EPC to discontinue the use of advices of delivery."

2.7 It does not contain any information about "when" a document is considered to be notified. Most importantly, it is expressly stated that the provisions of Rule 126(2) EPC remain unaffected, so that the obligation of the EPO to establish whether a letter has reached its destination or the date of its delivery to the addressee, continues to apply.

Therefore, the respondent's conclusion that compliance with the Notice rules out the possibility of a violation of the right to be heard has no factual basis.

2.8 Further, the provisions of Rule 126(2) EPC in force at the relevant time define a rebuttable fiction of notification, which, in case of dispute, has to be verified. It therefore does not represent a conclusive definition of "when" a document is actually notified. This is clear already from the wording of Rule 126(2) EPC which explicitly points to the possibility of dispute regarding notifications and clearly defines the burden of proof regarding such notifications to lie with the European Patent Office.

2.9 The respondent's argument, that the burden of proof regarding notification was on the appellant's side thus has no legal basis in the EPC. To the contrary, the board agrees with the appellant that a party submitting that something has not happened, i.e. that a communication was not received, is in difficulties in trying to prove a negative (negativa non sunt probanda, see also T 2037/18, reasons 4 and 8; R 15/11, Reasons 5 and R 4/17, Reasons 4). The filing of cogent evidence showing that a letter was not received is hardly ever possible (see also J 9/05, Reasons 3). Therefore, the respondent's arguments that the appellant allegedly had the duty to register mail incoming at their premises but failed to provide an excerpt of such register is not pertinent, since there is no trace in the file that the EPO discharged its burden of proving delivery of any of the above mentioned communications. Accordingly, the submissions that it was plausible that the appellant had in fact received the notice of opposition and the invitation to appoint a representative, is purely speculative.

Under such circumstances, the appellant does not have to bear the risks normally falling in their sphere of responsibility, (T 1535/10, Reasons 1.5.1 and 1.5.2), so that they have to be given the benefit of the doubts (J 9/05, Reasons 4 and 8).

The board does not disregard that Rule 126(2) EPC refers to a dispute ("im Zweifel", "en cas de contestation") for the EPO's burden of proof, nor that the mere absence of the advice of delivery or the receipt from the file is not in itself sufficient to give rise to a dispute (see T 247/98, Reasons 2.1 and 2.6).

However in this case the appellant when filing the appeal has immediately disputed having received inter alia the communication of the notice of opposition and the communication under Rule 79(1) EPC.

In addition, this board takes the view that under the present circumstances legal certainty and the protection of the right to be heard in relation to the initiation of opposition proceedings, would have required that the opposition division established, by any available means, the fact and date of delivery of the communication of the notice of opposition also before a dispute was formally raised, when the appellant was not yet in the position of raising a "dispute" on delivery.

2.10 In the case of opposition proceedings initiated against a patent, it is essential that the patent proprietor is duly notified of the initiating document, i.e. the notice of opposition, before a negative decision against the proprietor can be issued.

Opposition proceedings are inter partes proceedings and, due to their adversarial character, the principle of the protection of the right to be heard acquires a particular importance. The provisions of Articles 101 and 102 EPC as well as the corresponding provisions of the Implementing Regulations are there to ensure that in principle both parties are given equal rights and sufficient opportunity to present their case. A decision cannot be taken without making sure that the parties to the proceedings effectively participate to them.

2.10.1 As a matter of principle, the notice of initiation of proceedings must be duly served on the persons/legal entities against whom the decision takes effect or who/which may be adversely affected by it. Accordingly, the communication of the notice of opposition and the communication under Rule 79(1) EPC to the proprietor of the patent have the function to make known to the patent proprietor that proceedings have been initiated, which are capable of affecting their legal position. They also trigger the exercise of the proprietor's rights as a party to the proceedings through the submission of observations, documents and amendments to the patent within a period to be specified.

2.10.2 The patent proprietor may decide not to react to the notice of opposition. Nevertheless the communication under Rule 79(1) EPC does not constitute a mere formality, rather it has the function of allowing the patent proprietor to both contribute to the opposition division's appreciation of the facts and to defend its interests. In fact Rule 79 EPC expresses the obligations of the opposition division for clarifying the proprietor's position in the opposition. This communication forms the basis for the preparation of the factual examination of the opposition

(Rule 81(1) EPC), including the collection of all documents.

A patent proprietor who does not react or reacts late to the notice of opposition however runs the risk of compromising their defence. For instance, whereas the opposition division has in principle no discretion not to admit submissions filed within the time limit under Rule 79(1) EPC (The Opposition Division shall...give him the opportunity to file his observations and to amend, where appropriate, the description, claims and drawings within a period to be specified), submissions filed at a later stage, such as under Rules 81(3) or 116(2) EPC, are subject to the opposition division's discretion not to admit them (see R 6/19, Reasons 6 to 11, T 966/17, Reasons 2.2.1, T 1219/19, Reasons 39).

2.11 In the present case, it was not established whether the the notice of opposition (Rule 79(1) EPC) had reached the patent proprietor. Nevertheless, the opposition division started to examine the opposition and decided to revoke the patent in a written procedure within only seven weeks after the period set for reply to the notice of opposition had expired.

No attempts at investigation by the opposition division whether the proprietor had been duly informed about the opposition proceedings against their patent are apparent from the file for the period between the filing of the notice of opposition and the decision revoking the patent. Although the contested decision under VI. contains a statement that the proprietor was informed about the notice of opposition in a communication dated 18 September 2019, no proof of delivery is mentioned in the contested decision and the file contains no proof of delivery. Thus, the opposition division's conclusion, that the proprietor had been informed has no factual basis.

The email by an employee of the EPO dated 26 June 2020, which the appellant considers the first point of time of having been informed about the opposition proceedings, dates from almost three months after the decision revoking the patent was issued (6 April 2020).

This course of events deprived the proprietor of the opportunity to defend their patent from the very beginning of the opposition, thereby amounting to a violation of their right to be heard, as embodied in Article 113 EPC.

2.12 This holds true even more since, as is evident from the file, the opposition division was aware that a problem in communicating with the proprietor existed because already the communication of the notice of opposition dated 18 September 2019 contained as an enclosure an invitation to give notice of the appointment of a professional representative and the communication under Rule 79(1) EPC dated 4 October 2019 contained a notice that without a professional representative the proprietor could not take any valid procedural steps in the opposition proceedings, together with a reference to Article 133(2) EPC. No answer had been received with respect to these communications. No postal investigation regarding the notification of the communication of the notice of opposition or the communication under Rule 79(1) EPC setting a time limit of 4 month for filing observations and amendments had been initiated by the opposition division subsequently.

In the presence of such serious doubts the opposition division could not just consider that the time limit for the proprietor's reaction to the opposition had been duly triggered.

Thus, even in view of the above mentioned Notice of the European Patent Office dated 16 June 2019 concerning implementation of amended Rule 126(1) EPC (OJ EPO 2019, A57), the requirements of Article 113 EPC must be complied with, so that before a negative decision revoking a patent is issued, it has to be established that the patent proprietor has been duly informed about the initiation of opposition proceedings.

2.13 The board finds that the opposition division, faced with the difficulties of notification by registered letter, should not have just continued opposition proceedings. Rather, it should have first made all necessary investigations such as postal investigations or attempts to reach the appellant otherwise, as it appeared possible with the email sent after issuing the final decision. In order to ensure a legally sound notification of the relevant documents, they could have even opted for a notification by public notice according to Rule 125(2)(d) EPC in conjunction with Rule 129 EPC. The board is aware that under the applicable legal framework it was no longer required to enclose advices of delivery, or that a public notification would not have been required in the present case, because the letter was not returned (Rule 129(1) EPC). However, even if not required by law, nothing prevents the taking of additional measures to ensure legal certainty when there are serious doubts as to whether a procedurally relevant notification, such as the one concerning the notice of opposition, has actually reached the addressee. For this reason, the board also finds that there is no need to consider whether the existing legal framework of notifications is insufficient, as was suggested by the respondent during the appeal oral proceedings.

2.14 In this context the respondent's argument that in addition to the protection of the right to be heard also the interest of the public in getting invalid patents revoked must be taken into account must fail. A balance of interests between a proprietor and the public requires first of all that the same rights are guaranteed to both sides, including the right to effectively participate to the adversarial proceedings.

2.15 Neither does the board find the respondent's argument convincing, that endorsing the appellant's submissions would encourage a practise in the first instance for proprietors not to react to a notice of opposition in order to prolong a state of uncertainty. It is not only purely speculative, but simply not credible that a patent proprietor would intentionally not react to a notification that opposition proceedings have been initiated and to the possibility to make submissions and file amendments, thereby running the risk that their patent is revoked. Therefore the board does not agree that a procedural deficiency was artificially construed just for the purpose of prolonging the existence of a patent.

2.16 As correctly argued by the appellant, the missing opportunity to present their arguments during the opposition proceedings amounts to a substantial procedural violation in the sense of Article 113(1) EPC. The board further considers that since the initial act of (non-)notification of the notice of opposition was flawed, the entire opposition proceedings including the decision of the opposition division was flawed.

2.17 The board consequently concludes that the contested decision is to be set aside and the case is to be remitted to the department of first instance.

As to the appellant's request that certain time limits should be given by the opposition division after remittal in order to allow the proprietor to reply to the notice of opposition, the board considers that this is an issue which, subject to the requirements of the EPC, falls within the competence of the opposition division.

3. Reimbursement of the appeal fee

According to Rule 103(1)(a) EPC reimbursement of the appeal fee shall be ordered where the board of appeal deems an appeal to be allowable, if such reimbursement is equitable by reason of a substantial procedural

violation. A substantial procedural violation is an objective deficiency affecting the entire proceedings (see J 7/83, OJ 1984, 211, Reasons 12).

In the present the case the lack of a due notification of the notice of opposition and, irrespective of that, the continuation of the opposition proceedings with the issuance of the decision, prevented the appellant from participating to the whole opposition proceedings, thus violating its right to be heard. Under these circumstances, a reimbursement of the appeal fee is equitable.

Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the opposition division for further prosecution.

3. The appeal fee is reimbursed.

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