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
      • 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
      • The 2025 event
    • 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
      • 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
          • Core activities
          • Stories and insights
  • 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 0133/92 (Bleaching activators/AKZO) 18-10-1994
Facebook X Linkedin Email

T 0133/92 (Bleaching activators/AKZO) 18-10-1994

European Case Law Identifier
ECLI:EP:BA:1994:T013392.19941018
Date of decision
18 October 1994
Case number
T 0133/92
Petition for review of
-
Application number
86200688.9
IPC class
C07C 143/44
Language of proceedings
EN
Distribution
DISTRIBUTED TO BOARD CHAIRMEN AND MEMBERS (B)

Download and more information:

Decision in EN 37.15 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

P-sulphophenyl alkyl carbonates and their use as bleaching activators

Applicant name
Akzo Nobel N.V.
Opponent name
Unilever PLC/Unilever N.V.
Board
3.3.01
Headnote
-
Relevant legal provisions
European Patent Convention Art 54 1973
European Patent Convention Art 56 1973
European Patent Convention Art 113(1) 1973
European Patent Convention Art 125 1973
Keywords

Novelty (no; for main and first auxiliary request) - selection of a group of compounds

Novelty (yes; second auxiliary request) - selection of individualised compounds

Inventive step (yes)

Right to be heard (yes) - decision based on new claims filed during oral proceedings at which the Opponent was not represented

Not new fact: G 4/92 distinguished

Principle of legal certainty: Art. 125 EPC

Catchword
A claimed group of compounds essentially resulting from omitting those parts of a larger group of compounds which a skilled person would have immediately considered as being less interesting than the rest, cannot be selectively novel.
Cited decisions
G 0004/92
Citing decisions
T 0446/92
T 0482/92
T 0167/93
T 0466/93
T 1049/93
T 0281/94
T 0414/94
T 0610/94
T 0460/97
T 0609/97
T 0905/98
T 0355/99
T 0139/00
T 0416/00
T 0490/00
T 0951/01
T 0064/02
T 0212/03
T 0658/03
T 0307/04
T 0936/04
T 0401/06
T 0673/06
T 0945/12
T 1914/12
T 1776/18

I. The grant of European patent No. 0 202 698 in respect of European patent application No. 86 200 688.9 was announced on 25 October 1989 (cf. Bulletin 89/43). The patent was based on 5 claims for the contracting states BE, CH, DE, FR, GB, IT, LI, LU, NL and SE, independent Claim 1 reading as follows:

"A compound of the general structural formula

(FORMULA)

where R is an alkyl group and M+ represents a cation, characterized in that the alkyl group contains 6 to 10 carbon atoms, with the proviso that the C6-alkyl group is n-hexyl."

Independent Claims 3 and 5 concerned a detergent additive and a detergent composition comprising a compound according to Claim 1 as a bleaching activator.

In addition the patent was based on 5 claims for the contracting state AT, Claim 1 reading as follows:

"A process for the preparation of a compound of the general structural formula

(FORMULA)

where R is an alkyl group and M+ represents a cation, characterized in that the alkyl group contains 6 to 10 carbon atoms, with the proviso that the C6-alkyl group is n-hexyl."

The composition Claims 3 to 5 for this contracting state corresponded to those for the other designated contracting states indicated above.

II. A Notice of Opposition was filed on 25 July 1990 by Unilever N.V. and Unilever PLC, requesting the revocation of the patent on the grounds of lack of novelty and inventive step. The opposition was supported by the following documents:

(1) EP-A-0 166 571

(2) US-A-3 256 198

(3) US-A-4 412 934 (EP-A-0 098 021) and

(4) US-A-3 272 750.

III. By a decision pronounced on 3 December 1991 with written reasons notified on 11 December 1991, the opposition was rejected.

The Opposition Division held that the subject-matter of the disputed patent was novel. It also held that the subject-matter of the claims involved an inventive step, because, surprisingly, the claimed compounds showed an improved bleaching activity compared with those of the closest prior art, namely document (4). In addition, it was apparent from this document that sodium p- sulphophenyl n-butyl carbonate had an inferior activity compared with the corresponding ethyl and n-propyl compounds, so that a skilled person would not have been directed to try the higher (C6-C10) alkyl compounds, but would, on the contrary, have been led away from such a course of action.

IV. An appeal was lodged against this decision on 10. February 1992 by the Opponents, and the appeal fee was paid on the same day. A Statement of Grounds of Appeal was submitted on 7 April 1992.

V. The Appellants maintained their novelty objection based on document (1). In this connection, they referred to decision T 666/89 indicating that in examining novelty the disclosure of a document had to be considered in its entirety. Moreover, they raised, for the first time in the appeal proceedings, a novelty objection based on document (2).

They also argued that, if the subject-matter of the claims were novel, it would not involve an inventive step in the light of the combined teaching of documents (4) and (3). In particular, they argued that the test results disclosed in document (4) did not support the proposition the skilled person would have been lead away from preparing p-sulphophenyl carbonates with higher, i.e. C6-C10, alkyl groups. Moreover, document (3) clearly described the benefits, in terms of efficient bleaching, of C6-C10 alkyl peroxy acid precursors over shorter alkyl chain compounds. Whilst this document was concerned with esters and not carbonates, as claimed in the patent in suit, these classes of compounds were similar enough for the skilled person to consider teachings concerning esters to be applicable to carbonates. They also contended that the claimed subject-matter lacked inventive step over the disclosure of document (2) as well.

VI. The Respondent denied that the subject-matter of the claims lacked novelty arguing that the claimed compounds represented, with respect to both documents, a small but "purposive" selection from a very broad class of compounds.

He also fully agreed with the reasoning of the Opposition Division regarding inventive step. In this connection, he submitted that esters showed different properties than carbonates did, so that a skilled person would not have considered the teaching of document (3) as being relevant.

VII. In a communication of 13 September 1994 the Board informed the parties that, in their preliminary view, the group of compounds as claimed in Claim 1 of the disputed patent appeared to lack novelty in the light of the disclosure of document (1).

VIII. Oral proceedings, at which the Appellants, as announced by a facsimile of 6 May 1994, were not represented, took place before the Board on 18 October 1994.

IX. At this hearing the Board also objected to Claim 1 for the contracting state AT as it then stood because it did not indicate the measures for the preparation of the compounds in question contrary to Rule 29 (1) and (3) EPC.

In response to this objection the Respondent filed as a main request in the course of the oral proceedings new claims consisting of a set of Claims 1 to 5 for the contracting states other than AT and a set of Claims 1 to 5 for the contracting state AT.

The claims of this main request only differed from those of the patent in suit in that in Claim 1 for AT the process for the preparation of the compounds was specified by inserting after "n-hexyl":

", by reacting the corresponding alkylchloroformate with 4-hydroxybenzene sulphonic acid"

In addition he filed two auxiliary requests.

The first auxiliary request (Auxiliary Request I) only differed from the main request in that in Claim 1 for the states other than AT and also in Claim 1 for AT the range of carbon atoms in the alkyl group of "6 to 10" was restricted to "6 to 8".

The second auxiliary request (Auxiliary Request A) differed from the main request essentially in that in Claim 1 for the states other than AT and in Claim 1 for AT the statement " R is ..... n-hexyl" was replaced by

"R is n-hexyl, n-octyl, 2-ethylhexyl, 3,5,5-trimethylhexyl or n-decyl group and M+ represents a cation"

and both dependent Claims 2 for AT and for the other designated contracting states were deleted.

The Respondent defended novelty and inventive step for the claimed subject-matter essentially in line with his written submissions. Moreover, in reliance on decision T 666/89 he sought to convince the Board that the legally correct approach for deciding selection novelty is identical or closely similar to that used for determining inventive step. In particular, he put forward the proposition that in cases of overlapping ranges of compounds, a claim to a narrower range as compared with a broader prior range was always selectively novel if it could be demonstrated that the narrow range was inventive over the broader range. In this connection, he filed, in the course of the oral proceedings, a declaration by a Mr. Ploumen comprising a test report showing that the selected compounds as claimed showed an unexpectedly higher bleaching activity compared to closely similar compounds.

X. The Appellants (Opponents) requested, in line with their written submissions, that the decision under appeal be set aside and that the patent be revoked.

The Respondent (Patentee) requested (main request) that the appeal be dismissed and the patent be maintained with the claims submitted in the course of oral proceedings, or with the claims as set out in the auxiliary requests "I" and "A" respectively, also both submitted in the course of oral proceedings.

XI. At the conclusion of the oral proceedings the Board s decision to allow the appeal was pronounced on the basis of the Respondent's auxiliary request "A".

1. The appeal complies with Articles 106 to 108 and Rule 64 EPC and is, therefore, admissible.

2. Main request

2.1. Regarding Claim 1 for the contracting states other than AT of this request, which corresponds to Claim 1 of the disputed patent as granted for the same states, novelty objections were raised on the basis of the disclosures of documents (1) and (2).

2.1.1. Document (1), which concerns state of the art in the sense of Article 54 (3) and (4) EPC for the contracting states designated in the disputed patent save LU, describes a sub-group of compounds of the formula

RO-CO-OC6H4SO3Na

where R represents a C1-C20 hydrocarbyl and especially preferred a C6-C15 alkyl, and the NaSO3 group on the benzene ring is preferably in the p-position (cf. page 16, line 25, page 4, 2d paragraph, and page 18, lines 1 to 3 and the formula under a) in combination with page 6, lines 26 to 29 and Claim 15). Thus, the question to be answered in examining novelty is whether the selection of the alkyl group as defined in present Claim 1 of the disputed patent, namely C6-C10 with the proviso that the C6-alkyl group is n-hexyl, has been made available to the public in the sense of Article 54 EPC, having regard to the disclosure of document (1).

2.1.2. It is established jurisprudence of the Boards of Appeal that a sub-range selected from a broad class of compounds or a broad range of numbers may be novel in respect of the latter (cf. "Case Law of the Boards of Appeal of the EPO 1987-1992", part C, sections 3.1 and 3.2). In examining novelty in such cases, the Boards of Appeal developed some principles, in particular that it was not sufficient merely for the wording of the definition of the subject-matter as claimed to be different, but that what had to be established was whether the state of the art was such as to make the subject-matter of the invention available to the skilled person in a technical teaching. Moreover, the Boards found that the proper approach was to consider availability in the light of a particular document and that conceptual tools such as difficulties in carrying out prior art teaching in the range of overlap between two ranges or of seriously contemplating applying a technical teaching of a prior art document in the range of overlap were merely helpful tools but not determinant factors in deciding selection novelty. In addition, it has been consistently emphasised by the Boards of Appeal that a sub-range singled out of a larger range is new not by virtue of a newly discovered effect occurring within it, but must be new per se, and that an effect of this kind only permits the interference that the selected sub-range is not an arbitrarily chosen specimen from the prior art.

2.1.3. In the present case, the group of compounds as defined in Claim 1, i.e. containing a C6-C10 alkyl group with the proviso that C6 is n-hexyl, forms a relatively large part of the preferred group of compounds having 6 to 15 carbon atoms in the alkyl moiety disclosed in document (1) and, therefore, represents a mere partial copy of the known group of compounds without adding a novel element. Moreover, in the Board's judgment, a person skilled in the art would, in the light of all the technical facts at his disposal, seriously contemplate applying the technical teaching of this prior art document in the range of overlap. Thus, having regard to these considerations, the Board concludes that the "selected" group of compounds as defined in Claim 1 of the main request lacks novelty pursuant to Article 54(3) and (4) EPC for all the designated contracting states except LU.

2.1.4. In reliance on decision T 666/89 the Respondent sought to convince the Board that the legally correct approach for deciding selection novelty was identical or closely similar to that employed in determining obviousness. In particular, he put forward the proposition that in cases of overlapping ranges of compounds, a claim to a narrower range as compared with a broader prior art range was always selectively novel if it could be demonstrated that the narrow range was inventive over the broader range. However, in the above cited case, the Board repeatedly emphasised that selection novelty was no different from any other type of novelty under Articles 52 and 54 EPC, so that the proper approach was to consider availability in the light of a particular document and that conceptual tools such as difficulties of carrying out prior art teaching in the range of overlap between two ranges or of seriously contemplating applying a technical teaching within the range of overlap were merely helpful tools, and not determinant factors, in deciding selection novelty. Whereas it is undoubtedly true that there can be no selection novelty in a range of overlap where the choice of moving into that overlapping range from the prior art one is obvious, it doesn't either as a matter of law or as a matter of logic follow that the converse is true, namely that if a choice of a narrower range is inventive, then there must of necessity be selective novelty in it. For the above reasons, the Respondent's argument in this respect cannot be accepted.

2.1.5. Since the Board can only decide on a request in its entirety, the Respondent's request comprising the maintenance of the patent for all the contracting states must fail for these reasons.

3. Auxiliary Request I

3.1. The Board has no formal objections with respect to the claims of this auxiliary request. Since this request is refused by the Board for the reasons indicated below, there is no need to give detailed reasons for this finding.

3.2. The subject-matter of Claim 1 for all the designated contracting states except AT according to this request differs from that of the main request in that the definition of R is restricted to a C6-C8 alkyl with the proviso that C6 is n-hexyl. Thus, the question to be answered is whether the now claimed narrower defined group of overlapping compounds as compared with the broader group of compounds disclosed in document (1), in which R is preferably a C6-C15 alkyl, is selectively novel.

3.2.1. Document (1) describes, as indicated above, that the preferred p-sulphophenyl alkyl carbonates are compounds having a C6-C15 alkyl group, so that the group of p-sulphophenyl C6-alkyl carbonates is concretely disclosed in this document.

The group of overlapping compounds as defined in Claim 1 of the present auxiliary request, comprising corresponding compounds having a C6-C8 alkyl group excluding the branched C6 alkyl derivatives, therefore, immediately appends to the known group of preferred compounds having C6 moieties.

Moreover, it is the Board's position that a person skilled in the art, having regard to his common general knowledge, would consider those compounds containing the lower alkyl groups of the range of C6-C15 alkyl moieties disclosed in document (1) as being the most preferred compounds because of their easier accessibility and their better solubility in water.

In the Board's judgment, in a case where a claimed group of compounds essentially results from omitting those parts of a larger group of compounds which a skilled person would have immediately considered as being less interesting than the rest cannot be selectively novel.

In addition, in the Board's opinion, a skilled person would, having regard to these considerations, seriously contemplate applying the technical teaching of this prior art document in the range of overlap.

3.2.2. Thus, the Board concludes that the subject-matter of Claim 1 of this auxiliary request also lacks novelty in the light of the disclosure of document (1) pursuant to Article 54 (3) and (4) EPC for all the designated contracting states with the exception of LU.

3.2.3. It follows that the Respondent's auxiliary request I, like his main request, also has to be rejected.

4. Auxiliary Request A

4.1. The subject-matters of Claims 1 to 4 of this request for the contracting states other than AT are based on Claims 1, 3, 4 and 5 in combination with page 2, lines 42 and 43, of the patent in suit, and are also supported by Claims 1 to 5 in combination with page 2, last paragraph of the originally filed patent application.

Claim 1 for the contracting state AT is based on the corresponding claim of the disputed patent in combination with page 2, lines 42 to 48 and page 3, lines 31 to 35, of the patent in suit, and also supported by Claims 1 to 5 and page 2, last paragraph as well as page 5, paragraphs 1 and 2, of the patent application as filed.

Thus, all claims of this auxiliary request filed during oral proceedings comply with the requirements of Article 123 EPC.

4.2. Again the first issue to be dealt with is whether the subject-matters of these claims are novel in the light of documents (1) and (2).

4.2.1. The subject-matter of Claim 1 of this request for the contracting states other than AT is further restricted with respect to the corresponding claim of the auxiliary request I to specific compounds where R of the general structural formula is a n-hexyl, n-octyl, 2-ethylhexyl, 3,5,5-trimethylhexyl or n-decyl group.

4.2.2. According to the established case law of the Boards of Appeal a distinction must be drawn between the novelty of a group of compounds defined by a general formula, and the novelty of particular individual compounds, because of the concept of individualisation which only applies to the structural definition of a single compound (cf., for instance, "Case Law of the Boards of Appeal of the EPO 1987-1992", page 33, paragraph 3 to the last but one paragraph). The Boards considered in particular that if the claimed subject-matter concerned a particular compound, whereas the prior art disclosed a family of compounds defined by a general structural formula covering this particular compound but not describing it explicitly, the claimed subject-matter had to be considered novel.

4.2.3. In the present case, after examination of the disclosure of document (1), the Board has reached the conclusion that this document does not describe any one of the particular compounds as claimed. Therefore, having regard to the considerations in the preceding paragraph, the subject-matter of the present Claim 1 and also that of the other claims, including those for the contracting state AT, is novel with respect to document (1).

4.2.4. Furthermore, after examination of the disclosure of document (2), the Board also concludes that document (2) does not disclose any of the now claimed particular compounds either. Thus, for the same reasons as indicated above regarding document (1), the subject- matters of all the claims of this request are also novel with respect to document (2).

5. The remaining issue to be dealt with is whether the subject-matter of the claims involves an inventive step.

5.1. The Board considers document (4) as the closest state of the art. It relates to esters of carbonic acid having the general formula R1O-CO-OR2, wherein each of R1 and R2 is an organic radical, R1 exerting an electron attracting effect (cf. Claim 1). The compounds possess bleaching activating properties and apparently preferred compounds are p-carboxyphenyl alkyl carbonates and p- sulphophenyl alkyl carbonates (cf. column 1, lines 31 to 34, and column 2, lines 6 to 33). The only specified p-sulphophenyl alkyl carbonates are, however, compounds wherein the alkyl group is methyl, ethyl, n-propyl and n-butyl.

The Respondent argued that these prior art bleaching activators provided in combination with conventional bleaching agents, such as percarbonates and perborates, unsatisfactory bleaching action at lower washing temperatures.

5.1.1. The Board sees the technical problem underlying the disputed patent, in the light of the closest state of the art as represented by document (4), in providing compounds which, as compared with the known p-sulphophenyl alkyl carbonates, are more effective bleaching activators (cf. also page 2, lines 22 to 24, of the specification of the disputed patent).

5.1.2. According to the patent in suit, this technical problem is solved by the provision of the particular p-sulphophenyl alkyl carbonates specified in present Claim 1.

5.1.3. The experimental results of the examples in the disputed patent (cf. the Table on page 5) demonstrate that the particular claimed p-sulphophenyl alkyl carbonates, wherein alkyl is n-hexyl, n-octyl and 2-ethylhexyl, giving an increase in reflectance of 7.0 to 11.4, show an improved bleaching effect at low washing temperatures compared with the corresponding ethyl and butyl compounds mentioned in document (4), which produce an increase of reflectance of 0.6 to 5.8. Thus, having regard to these unchallenged test-results and the fact that the Appellant did not dispute the asserted improved bleaching activity with respect to the non-tested compounds as claimed in Claim 1 of the disputed patent as granted, the Board finds it credible that the technical problem as defined above has been solved. Moreover, the test-report in the declaration of Mr. Ploumen submitted during oral proceedings (cf. in particular the Table in section 7) confirms this finding.

5.1.4. The issue of inventive step hinges on the question of whether there was any incentive in the cited documents for the skilled person to improve the bleaching activity of conventional bleaching systems comprising bleaching agents and bleaching activators by using the particular claimed carbonates as bleaching activators.

5.1.5. Document (4) relates - as indicated above - to a broad group of bleaching activating compounds, in particular p-carboxyphenyl alkyl carbonates and p-sulphophenyl alkyl carbonates. The only specified p-sulphophenyl alkyl carbonates are the compounds wherein the alkyl means methyl, ethyl, n-propyl and n-butyl. The results of experimental tests demonstrate, that, within this group, the n-butyl derivative showed the lowest increase of reflectance compared with the corresponding ethyl and n-propyl compound (cf. the table in column 4). Therefore, in the Board's judgment, this document does not hold out any prospect that the higher homologues of these compounds would provide an improved activity with respect to the known bleaching activating carbonates and rather leads away from the present invention.

5.1.6. Document (2) also relates to bleaching activating carbonates. It discloses in particular carbonates having the formula R-O-CO-O-R where R is selected from like or dissimilar organic radicals, at least one of such radicals being characterised in that its corresponding alcohol (ROH) has a Pka below about 11.7 (cf. column 2, lines 1 to 36). It also discloses a sub-group of compounds where one R is a branched chain aliphatic groups having from 3 to about 10 carbon atoms or an aromatic radical and the other R is an aliphatic or aromatic radical (cf. column 4, lines 27 to 38). An example of such branched aliphatic groups is among many others 2-ethylhexyl (column 3, lines 3 to 7) and in relation to the upper limit of about 10 carbon atoms it is indicated that higher alkyl containing carbonates often have an insufficient solubility in water (cf. column 3, lines 11 to 16). With respect to the aromatic groups which may be applied it discloses that such groups can be substituted with, for example, halo-, nitro-, sulpho- and alkyl-substituted groups or radicals without any indication of the position of such groups or radicals on the aromatic moieties (cf. column 3, lines 17 to 25). It also describes that in certain instances one of the groups R may also represent a straight chain unsubstituted aliphatic radical including methyl, ethyl, n-propyl, ..... n-hexyl, n-heptyl, n-octyl, etc. (cf. column 3, lines 26 to 34). This document, therefore, discloses an extremely large group of compounds without specifying entities which come structurally close to those as claimed in the patent in suit. Moreover, in the Board's view, having regard to the provided technical information that compounds wherein both groups R are aromatic radicals or aliphatic radicals are preferred and the fact that in the examples only such carbonates are used where both R's of the general formula have the same meaning (cf. column 4, lines 44 to 50; Claims 2 to 7; and the Tables 1 and 5), the skilled person would have been rather lead away from the application of the present compounds as claimed. In any case, in the Board's judgment, this document does not give any pointer to the skilled person to the solution of the existing problem.

5.1.7. Document (3) concerns bleaching activators having the general formula R-CO-L, wherein R is an alkyl group containing from about 5 to about 18 carbon atoms wherein the longest linear alkyl chain extending from and including the carbonyl carbon contains from about 6 to about 10 carbon atoms and L is a leaving group, the "conjugate" acid of which has a specific Pka value (cf. column 5, lines 41 to 53). In particular it discloses that the most preferred bleaching activators have the general structural formula R-CO-O-C6H4-SO3-M+, wherein R is a linear alkyl chain containing preferably from about 6. to about 8 carbon atoms and the sulpho group is in the p-position on the benzene ring and M is sodium or potassium (cf. column 7, lines 45 to 55).

Although these compounds disclosed in document (3) concern esters instead of carbonates, the Appellants argued that, because of the close similarity between the carbonates described in document (4) and these particular esters, a person skilled in the art would have expected that the carbonates having a linear alkyl group containing 6 to 8 carbon atoms - like the esters of document (3) - would show optimum bleaching activities. However, the alleged close similarity of these classes of compounds was disputed by the Respondent and was not substantiated by the Appellants who have - according to the established jurisprudence of the Boards of Appeal - the burden of proof. Therefore, the Board cannot accept the Appellants submission in this respect. Moreover, in the Board's judgment, in view of the experimental results in the examples of document (4) demonstrating that the p-sulphophenyl n-butyl carbonate has a lower bleaching activity than the corresponding ethyl and n-propyl compounds, even the combined teaching of documents (3) and (4) does not give any pointer to the skilled person that the present technical problem could be solved by the specific carbonates as claimed.

5.1.8. Finally, document (1) concerns as indicated above state of the art in the sense of Article 54(3) and (4) EPC and is, therefore, not relevant to the examination of inventive step.

5.1.9. In conclusion, the Board finds that the specified carbonates according to Claim 1 involve an inventive step, because it would not have been obvious to the skilled person to solve the above defined technical problem by the use of these particular compounds as bleaching activators.

6. Claim 1 for the contracting state AT, which concerns the preparation of the present carbonates, as well as Claims 2 to 4 for the contracting states other than AT and (the same claims) for AT, which relate to detergent additives and detergent compositions containing the present particular carbonates, represent other embodiments of the same inventive concept in different patent categories and are also allowable.

7. Finally, the Board finds that considering and deciding in substance on the maintenance of the patent on the basis of the present claims as amended during oral proceedings in the absence of the Appellants does not conflict with the decision of the Enlarged Board of Appeal G 4/92 (OJ EPC 1994, 149). According to this decision, a party who fails to appear at oral proceedings must have the opportunity, in accordance with Article 113(1) EPC, to comment on new (and therefore surprising) facts and evidence submitted in these proceedings. In the present case, the Respondent's restrictions to the claims removed objections already raised by the Appellants with respect to novelty, as well as some formal deficiencies. In such a situation, the Appellants (Opponents) could not have been taken by surprise, because they had reasonably to expect that the Respondent (Patentee) would try to overcome all objections. The submission of auxiliary requests is, clearly, not a "fact" within the meaning of the above decision. Were it otherwise, no decision could ever be issued at the end of a hearing where, as is usually the case, auxiliary requests are filed and, as is also frequently the case, the Opponent does not attend the hearing, thereby rendering such hearings pointless and a waste of time, as well as offending the general principle of legal certainty, i.e. the general interest of the public in the termination of legal disputes ("expedit reipublicae ut sit finis litium").

Order

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 with the order to maintain the patent with the claims as submitted during the oral proceedings as auxiliary request A, after corresponding amendments of the description.

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