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

    Patent knowledge

    Access our patent databases and search tools.

    Go to overview 

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

    Technology insight report on plastic waste management

  • Applying for a patent

    Applying for a patent

    Practical information on filing and grant procedures.

    Go to overview 

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

    UP

    Find out how the Unitary Patent can enhance your IP strategy

  • Law & practice

    Law & practice

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

    Go to overview 

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

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

  • News & events

    News & events

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

    Go to overview 

     

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

    Podcast

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

  • Learning

    Learning

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

    Go to overview 

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

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

  • About us

    About us

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

    Go to overview 

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

    Track the latest tech trends with our Patent Index

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

Recent decisions

Overview
  • 2025 decisions
  • 2024 decisions
  • 2023 decisions
  1. Home
  2. T 0434/92 28-11-1995
Facebook X Linkedin Email

T 0434/92 28-11-1995

European Case Law Identifier
ECLI:EP:BA:1995:T043492.19951128
Date of decision
28 November 1995
Case number
T 0434/92
Petition for review of
-
Application number
85112303.4
IPC class
C08L 81/06
Language of proceedings
EN
Distribution
DISTRIBUTED TO BOARD CHAIRMEN AND MEMBERS (B)

Download and more information:

Decision in EN 746.58 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

Molded articles manufactured from blends of a biphenyl containing poly(aryl ether sulfone) and a poly(aryl ether ketone)

Applicant name
AMOCO CORPORATION
Opponent name
BASF Aktiengesellschaft, Ludwigshafen
Board
3.3.03
Headnote
-
Relevant legal provisions
European Patent Convention Art 54 1973
European Patent Convention Art 84 1973
European Patent Convention Art 123(2) 1973
Keywords

Novelty - introduction of disclaimer - allowable

Claims - clarity (yes)

Catchword
-
Cited decisions
T 0004/80
T 0198/84
T 0860/93
Citing decisions
G 0001/16
T 0451/99
T 0507/99
G 0001/16
G 0001/16
T 0664/00
T 1146/01
T 0915/95
T 0590/98
T 0451/99
T 0451/99
T 0507/99
T 0507/99
G 0001/16
T 0451/99
T 0507/99

I. The mention of the grant of European patent No. 0 176 989, relating to "Molded articles manufactured from blends of a biphenyl containing poly(aryl ether sulfone) and a poly(aryl ether ketone)", with six claims, in respect of European patent application No. 85 112 303.4, filed on 27 September 1985 and claiming a US priority of 28 September 1984 (US 655 580) was announced on 19 April 1989 (Bulletin 89/16). Claim 1 as granted read as follows:

"Molded articles manufactured from blends comprising a biphenyl containing from 5 to 95 weight percent of poly(aryl ether sulfone) and from 95 to 5 weight percent of a poly(aryl ether ketone) containing no ortho hydroxyl groups and having a reduced viscosity of 0.3 to 5.0. dl/g."

Claims 2 to 6 were dependent claims directed to elaborations of the articles defined in Claim 1.

II. Notice of Opposition was received on 17 January 1990 on the ground of Article 100(a) EPC, alleging in particular that the subject-matter of Claim 1 lacked novelty in the light of the disclosure of the document:

D1: EP-A-0 059 077

III. By a decision which was given at the end of oral proceedings held on 12 February 1992 and issued in writing on 18 March 1992, the Opposition Division revoked the patent, on the basis that Claim 1 of the main request, filed with a submission received on 10. September 1990, lacked novelty. Claim 1, which had been corrected in respect of an obvious error and furthermore included a disclaimer, read as follows:

"Molded articles manufactured from blends comprising from 5 to 95 weight percent of a biphenyl containing poly(aryl ether suphone) and from 95 to 5 weight percent of a poly(aryl ether ketone) containing no ortho hydroxyl groups and having a reduced viscosity of 0.3 to 5.0. dl/g; films and sheets manufactured from a blend of

(a) a poly(aryl ether ketone) containing therein at least 50 weight percent of a repeating unit of formula

(FORMULA)

alone or in combination with one or more different repeating units, and

(b) up to 50 weight percent of poly(aryl ether sulfone) having repeating units of the following formulae:

(i) (FORMULA)

(ii) (FORMULA)

being excluded." (see Reasons for the decision, para. I.7.1)

Furthermore, the auxiliary request, filed at the oral proceedings, in which the words "films and sheets" in the disclaimer had been replaced by "molded articles" (see Reasons for the decision, para. I.7.2) contravened Article 123(2) EPC.

According to the decision with regard to the main request, although a disclaimer might be used to establish novelty, following the decision T 0004/80 (OJ EPO 82, 149), if the subject-matter remaining in the claim could not be defined directly (positively) more clearly and concisely, and when, for example, there was no real relationship to the subject-matter of the claim, nevertheless, in the case in suit, the properties of the disclaimed subject-matter were close to those of the remaining subject-matter, so that the properties evidenced in the patent in suit were also inherent in the films and sheets defined in the disclaimer (Reasons for the decision, para. 2.2.3.1).

Although the shaping of the composition according to D1 by extrusion was regarded as moulding, the disclaimer in question would, from a purely formal point of view, have established the novelty of Claim 1, since it cut out all of the originally overlapping disclosure of D1. Nevertheless, by applying the principles developed in the decision T 0198/84 (OJ EPO 85, 209) to the question of "negative" selection, i.e. where the claimed subject- matter was only partly known, novelty could only be established by way of a disclaimer, if the remaining subject-matter was distinguished in terms of properties and capabilities from the known subject-matter (Reasons for the decision, paras. 2.2.2 and 2.2.3.2).

Furthermore, a disclaimer was not permissible where a corresponding "positively" defined claim would not have been inventive.

Consequently, the introduction of the disclaimer was not admissible, since the overlap with the disclaimed prior art was not purely incidental and the objective technical contribution of the remaining subject-matter was not clear.

With regard to the auxiliary request, there was no basis in D1 for the term "molded article", so that the contents of the disclaimer were not clearly and unambiguously derivable from the relevant document.

IV. On 8 May 1992, a Notice of Appeal against the above decision was filed, together with payment of the prescribed fee.

In the Statement of Grounds of Appeal filed on 17 July 1992, the Appellant (Patentee) argued, in relation to the main request, in essence as follows:

(a) The requirement, according to the decision under appeal, for there to be "no real relationship" between the novelty-destroying disclosure and the subject-matter of the anticipated claim was a new and unacceptable condition, which would not be fulfilled even in cases where there was general agreement that a disclaimer could be used to establish novelty.

Such cases would be, for example, (i) the disclaiming, from a group of new chemical compounds covered by a general formula which had been shown to exhibit unexpected and beneficial properties, of a single compound already known in a different context not suggesting the beneficial properties of the group, even if the known compound were the most effective of the originally claimed group, and (ii) the exclusion of a (small) portion of claimed subject-matter which did not solve the technical problem.

(b) In particular, the conception that specifically distinguishing properties and capabilities were a prerequisite for the allowability of such a disclaimer was mistaken, since the determination of such properties and capabilities belonged to the assessment of inventive step and not of novelty.

(c) It was not justified to apply principles developed for selection inventions to the crucially different case of a "negative" selection, where there was no generic prior disclosure from which the claimed subject-matter had to be distinguished.

(d) Claim 1 did not encompass any films (irrespective of the process of manufacture thereof) which had been made from a blend having the composition defined in the disclaimer and was therefore clearly distinguishable from the known subject-matter of D1.

Hence, the question of whether an extruded film or sheet could be categorised as a moulded article within the meaning of Claim 1 did not need to be dealt with, though the view expressed in the decision under appeal in this respect was not necessarily shared.

(e) A "positive" restriction of Claim 1 instead of a disclaimer would have demanded a recital of every conceivable form of moulded article which was not a film or sheet, which would firstly contradict the requirement for conciseness in Article 84 EPC and secondly would lead to undesirable drafting practices in the future.

(f) Finally, in relation to the technical contribution, the decision under appeal did not itself address the question of inventive step, so an alleged lack of underlying inventive step could not be a ground for disallowing the disclaimer.

With regard to the auxiliary request, the Appellant argued that it was unfair to take the position on the one hand that D1 was a generic disclosure of moulded articles, but on the other hand its disclosure was insufficient to justify a disclaimer of such articles.

V. The Respondent (Opponent) argued in essence as follows:

(a) The patent in suit concerned moulded objects made of certain polymer blends, whereas D1 disclosed films and sheets made of blends which were embraced by those of the patent in suit. The neutral position taken by the Appellant (cf. Section V. d), second sentence, above) was indicative of a deficiency of counterarguments.

(b) Contrary to the extensive arguments put by the Appellant in defence of the disclaimer, a positive restriction of the claimed subject-matter would indeed have been possible, for example, by following a suggestion made by the Opposition Division at the oral proceedings, to adopt, subject to deletion of the second listed repeating unit of the polysulphone, the subject-matter of Claim 3 as granted.

It thus had to be concluded that the requirement that the remaining subject-matter could not technically be defined directly (positively) more clearly and concisely was not fulfilled.

(c) The reluctance of the Appellant to introduce a positive form of limitation might have been due to the fact that the question would arise as to what technical problem was solved, i.e. which advantages were shown, by the remaining biphenyl containing polyarylethersulphones according to the patent in suit, compared with those known from D1, for the establishment of an inventive step.

(d) The main request furthermore did not fulfil the requirements of Article 84 EPC, since the point at which a moulded article became a film or sheet could not be established.

(e) The cases referred to by the Appellant where there was general agreement to the use of a disclaimer (i) would not have supported an inventive step or (ii) did not apply to the situation in the patent in suit, where a large area, corresponding to two categories of polymers was excluded, and which moreover represented a successful solution of the technical problem.

(f) The decision under appeal was thus entirely correct in its recognition that a determination of the technical problem was not possible because the claimed subject-matter remaining was inseparable from that excluded by the disclaimer.

VI. The Appellant requested that the decision under appeal be set aside and the patent maintained on the basis of the main claim according to the main request specified under item I.7.1 in said decision or, at least on the basis of the main claim according to the auxiliary request specified under item I.7.2, or, in the alternative, oral proceedings.

The Respondent requested that the appeal be dismissed.

1. The appeal is admissible.

Main request

2. Article 123 EPC

The Board concurs with the finding of the decision under appeal that the main request meets the requirements of Articles 123(2) and (3) EPC. In particular it concurs that the disclaimer is allowable under Article 123(2) EPC, since it is based on the disclosure in D1 in Claim 1; page 2, line 30; page 3, compound with repeating unit (2), and page 4, compound with repeating unit (14), and also under Article 123(3) EPC, since the disclaimer restricts the scope of protection conferred. This view was in any case not disputed by the parties.

The amendments are thus allowable under Article 123 EPC.

3. Article 84 EPC; clarity

The question of whether the requirements of Article 84 EPC are met is determined when the claim is read by the person of normal skills including any knowledge derived from the state of the art (T 0860/93 OJ EPO 1995, 047).

In the present case, the only discussion with regard to clarity concerned the relationship between the terms "molded article" and "films and sheets" in Claim 1.

3.1. With regard to the term "molded article", whilst the Appellant did not necessarily share the view, expressed in the decision under appeal, that the term included extruded sheets as disclosed in D1, neither did it contest the point, preferring instead generically to disclaim the sheets according to D1.

In particular, there was no suggestion that the term "molded article" was obscure in itself. The Board also sees no reason to regard the term "molded article" as obscure.

3.2. Furthermore, the natural and ordinary meaning of the terms "sheet" and "film" is, in the Board's view, evident to the skilled person. Consequently, neither of these terms can be regarded as obscure in itself.

3.3. Finally, it was not disputed that the disclaimer introduced into Claim 1 cut out any originally overlapping subject-matter (cf. Reasons for the decision, para. 2.2.2).

Consequently, even if there is overlap as regards the terms "sheets" and "films" with the term "molded article", the mere fact of such overlap cannot give rise to ambiguity, because the only relevant prior art document disclosing such sheets or films is D1, and the films disclosed here are generically excluded by the terms of the disclaimer.

3.4. In summary, the Claim 1 is clear as required by Article 84 EPC.

4. Article 84 EPC; conciseness

The objection of the Respondent, that the disclaimer could have been avoided if a restriction had been made to part of the subject-matter of Claim 3 is beside the point, because the subject-matter of the suggested claim does not correspond to that of Claim 1, but only to a part of it. This conclusion would apply to any listing of the individual polysulphones disclosed in the patent in suit.

On the contrary, the relevant requirement derivable from the decision T 0004/80, cited in the decision under appeal is that the subject-matter remaining in the claim in question (i.e. Claim 1 and not Claim 3, etc.) cannot be defined directly, i.e. by positive technical features more clearly and concisely (section III., above).

According to the undisputed submission of the Appellant in the Statement of Grounds of Appeal, however, the recital of all the remaining types of moulded objects not excluded by the disclaimer would be lengthy, and would lead to undesirable drafting practices in the future.

This is considered to fulfil the requirement of the decision T 0004/80, since such a recitation would be not be concise.

Hence, Claim 1 including the disclaimer is considered to be concise in the sense of Article 84 EPC.

5. Novelty

It is clear from the decision under appeal that the only obstacle seen by the Opposition Division to a recognition of novelty in the subject-matter of Claim 1 lay the admissibility of the disclaimer (cf. section III., above).

The issue to be determined in this appeal is, therefore, whether the objections raised to the introduction of the disclaimer are justified.

5.1. According to D1, there is disclosed a method for the orientation of films made of a thermoplastic polyether ether ketone, which involves rolling the film or sheet by the use of at least one pair of pressure rolls while applying to the film or sheet a backward tension (page 1, opening para.; Claim 1). The polymer may also contain, for the purpose of improving the fluidity in extrusion processing, up to 50 wt% of heat resistant polymers, e.g. a polyarylene polyether sulphone (page 2, last para., page 3 and Claim 4).

According to Example 2, 80% by weight of a thermoplastic polyether ether ketone resin and 20% by weight of a specified polyarylene polyether sulphone resin (200 P, produced by I.C.I. Limited) were blended, and the mixture was granulated, followed by extruding from a 400 nm wide T-die using a screw extruder having a diameter of 300 nm to form a 300 µm thick sheet.

The raw sheet was rolled by means of a pair of pressure rolls to obtain a rolled sheet, with or without a polyethylene glycol (200 units chain length) lubricant.

Thus the only effect directly associated with the addition of a polysulphone, apart from the heat resistance of the polymer itself, is that of improved fluidity in extrusion processing.

5.2. The function of a disclaimer is to excise a portion of the subject-matter of an already existing claim, for instance to exclude an area of prior disclosure.

In this connection, the Board is not aware of anything in the cited decision T 0004/80 or elsewhere, which would justify a general requirement for there to be "no real relationship" of the disclaimer to the novelty destroying subject-matter (cf. decision under appeal, Reasons for the decision, para. 2.2.3.1).

Whilst the decision under appeal does not define precisely what is meant by "no real relationship", nevertheless if there were no relationship at all between the subject-matter of a claim and that of a disclaimer, the latter would clearly not succeed in its function of excising part of the former.

Consequently, the fact alone that the subject-matter excised by a disclaimer is related in some way to that remaining after excision is not a justified objection to the introduction of a disclaimer.

5.3. In the present case, the subject-matter excised by way of disclaimer is based on the relevant prior disclosure of D1 (section 2., above). It must be emphasised, however, that the subject-matter that is disclaimed corresponds to information content of the prior disclosure, as it would be read by the skilled person.

Consequently, the content of the subject-matter here disclaimed cannot exceed what is directly and unambiguously derivable from the relevant prior disclosure.

5.4. In particular, the properties and effects which can be said to form part of the subject-matter of the disclaimer are only those which such a disclosure directly and unambiguously makes available.

Thus, any effect or property which is not so made available, is no part of the subject-matter disclaimed.

5.5. The patent in suit is concerned with moulded articles manufactured from polymer blends which have limited miscibility and excellent mechanical compatibility. They possess a good balance of properties including higher modulus, impact resistance, solvent resistance and resistance to environmental stress cracking (page 2, lines 3 to 6). Examples are provided in this connection giving specific numerical values. In particular, the results of environmental stress rupture tests in which a cotton swab was placed on the centre of a tensioned polymer specimen and saturated with a respective test environment (an organic solvent) are given, for instance, in Table VI.

Thus, one of the effects with which the patent in suit is concerned but which is not mentioned in D1 is the phenomenon of resistance to environmental stress cracking, in particular in an organic solvent environment.

5.5.1. Such a property is not intrinsic to the polymer products disclosed in D1, since it is not a property of the polymer itself but the result of an interaction of the polymer with an external environment (the organic solvent) under specific conditions of tension loading. It is therefore an extrinsic property of the polymer.

5.5.2. There is, however, no disclosure in D1 of any such external testing environment, let alone any such test. Nor can the automatic application of such a specialised test be regarded as belonging to the general knowledge of the skilled person.

Consequently, there is no disclosure in D1, or, therefore, in the disclaimer, of such a property.

5.6. Therefore, the view expressed in the decision under appeal, according to which the properties evidenced in the opposed patent are also "inherent" to the films and sheets as defined in the disclaimer is not supported by the content of D1 or of the disclaimer, at least to the extent that "inherent" is taken to mean "inherently disclosed".

In summary, the essential objection of uniformity of subject-matter between the disclaimer and the remainder of Claim 1, i.e. of lack of distinguishing properties and capabilities of the remaining subject-matter of Claim 1 cannot be maintained.

5.7. The aspect of the argument in the decision under appeal concerning "negative" selection, based on principles cited from the decision T 0198/84 (section III., above) is misconceived, in the Board's view, for two reasons.

5.7.1. In the first place, the cited decision was concerned with establishing the novelty of a sub-range compared with a fairly broad range of numbers, i.e. a purposive selection (see Headnote). The nature of a disclaimer in the present context is not, however, in the Board's view, directly comparable with that of a purposive selection. On the contrary, it is essentially a non- purposive de-selection. Indeed, it is admitted in the decision under appeal itself, in the context of the expression "negative" selection, that there is no question of selection in the present case (Reasons for the decision, para. 2.2.3.2).

Consequently, there is no justification for the imposition of conditions specific to a selection situation in the present case.

5.7.2. Secondly, and notwithstanding the above, the cited decision makes it clear that the Board in that case followed a general principle as to novelty, namely that the sub-range singled out of a larger range is new not by virtue of a newly discovered effect occurring only within it. An effect of this kind is not therefore a pre-requisite for novelty (Reasons for the decision, para. 7).

If the presence of such an effect is not a pre-requisite for novelty, it cannot, logically, be a pre-requisite for the introduction of a disclaimer either.

5.7.3. The imposition, according to the decision under appeal, of such a requirement is therefore directly contradictory to the principles set out in the jurisprudence relied upon.

On the contrary, a correct application of the general principle would have led to the opposite conclusion, namely that there was no requirement for a distinguishing property or capability between the disclaimer and the remainder of the subject-matter of Claim 1.

Thus, even if the properties and capabilities of the disclaimed subject-matter had been inherently disclosed in the sense of section 5.6, above, this would not have been a condition for establishing novelty, or, therefore, for disallowing the disclaimer.

In summary, the considerations applying in the decision T 0198/84 do not form an obstacle to allowing a disclaimer in the present case.

5.8. The further objection in the decision under appeal, that it is not clear what objective technical contribution there is in the remaining subject-matter as compared with the disclaimed subject-matter (Reasons for the decision, para. 2.2.3.1, last sentence) is, in the Board's view, merely a re-statement of the requirement for a distinguishing property or capability dealt with in sections 5.1 to 5.7 etc., above. It is invalid for the same reasons.

5.9. The objection that a disclaimer would not be allowable if the subject-matter of the corresponding, positively limited claim would not involve an inventive step is a hypothetical and indeed speculative objection, since no such corresponding positive formulation has been elaborated.

In any case, no unfavourable determination of inventive step has been established in the decision under appeal. On the contrary, the opinion expressed in the communication issued on 26 February 1991 by the Opposition Division appears generally favourable to the recognition of inventive step, even going so far as to say that a decision could be made without oral proceedings (cf. para. 3,3, 4 of the communication).

5.10. In view of the above, none of the objections raised stands in the way of allowing the disclaimer. Nor is the Board aware of any further objections in this respect.

Consequently, the disclaimer is an allowable form of amendment in this case.

5.11. It is, furthermore, clear from the statement in the decision under appeal, according to which "from a purely formal point of view the novelty of the subject-matter of Claim 1 would be established" (Reasons for the decision, para. 2.2.2), that the subject-matter of Claim 1 including the disclaimer was in fact considered to be distinguished from the state of the art as represented by D1.

The Board sees no further obstacles to the recognition of novelty in the subject-matter of Claim 1.

Consequently, the subject-matter of Claim 1 is considered to be novel.

6. Inventive step

Since the issue of inventive step has not been addressed in the decision under appeal, there is no definitive finding on which the Board could at this stage comment.

Consequently, and in order to avoid a loss of instance, the Board has decided to make use of its powers under Article 111 EPC to refer the case back to the first instance for determination of the latter issue.

7. It is therefore neither necessary for the Board to consider the claims forming the auxiliary request of the Appellant, nor to appoint oral proceedings, since these were not requested by the Respondent.

Order

ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the first instance, for further prosecution on the basis of the set of claims according to the main request, i.e. Claim 1 as filed on 10. September 1990 and Claims 2 to 6 of the patent as granted.

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