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

    Patent knowledge

    Access our patent databases and search tools.

    Go to overview 

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

    UP search

    Learn about the Unitary Patent in patent knowledge products and services

  • Applying for a patent

    Applying for a patent

    Practical information on filing and grant procedures.

    Go to overview 

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

    UP

    Unitary Patent

  • Law & practice

    Law & practice

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

    Go to overview 

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

    legal text

    Legal texts

  • News & events

    News & events

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

    Go to overview 

     

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

    Podcast

    Listen to our podcast

  • Learning

    Learning

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

    Go to overview 

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

    European Patent Academy

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

  • About us

    About us

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

    Go to overview 

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

    about us

    Patent Index 2022

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

Recent decisions

Overview
  • 2023 decisions
  • 2022 decisions
  • 2021 decisions
https://www.epo.org/en/node/t940609eu1
  1. Home
  2. T 0609/94 27-02-1997
Facebook Twitter Linkedin Email

T 0609/94 27-02-1997

European Case Law Identifier
ECLI:EP:BA:1997:T060994.19970227
Date of decision
27 February 1997
Case number
T 0609/94
Petition for review of
-
Application number
83303373.1
IPC class
G02F 1/137
G02F 1/133
Language of proceedings
EN
Distribution
DISTRIBUTED TO BOARD CHAIRMEN AND MEMBERS (B)

Download and more information:

Decision in EN 733.14 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

Liquid crystal devices

Applicant name
Secretary of State for Defence, United Kingdom
Opponent name

Asea Brown Boveri AG

Philips Electronics N.V.

Board
3.4.02
Headnote
-
Relevant legal provisions
European Patent Convention Art 111(1) 1973
European Patent Convention Art 111(2) 1973
Keywords
Binding effect of an appeal decision (ratio decidendi)
Catchword
When, by decision of a Board of Appeal, the case is remitted to the first instance with the order to continue the procedure on the basis of a first set of claims, the first instance is not entitled to reject new claims merely by reference to said decision, when said new claims, while differing from said first claims, do not contravene the ratio decidendi of said decision.
Cited decisions
T 0315/91
T 0843/91
T 0027/94
Citing decisions
T 0796/02
T 1630/08
T 0635/98
T 2558/18

I. The Appellant (Patentee) lodged an appeal against the (first) decision of the Opposition Division to revoke the European patent No. 0 098 070 (application No. 83 303 373.1). Said decision was based on the ground that none of the requests complied with Article 123(2) EPC.

The Appellant requested that the patent be maintained on the basis of the claims of a main request or of a first to seventh auxiliary requests.

II. In its decision T 0319/91, the Board of Appeal rejected the main request (hereinafter called m.r.) and the first through sixth auxiliary requests (hereinafter called 1st ar, 2nd ar, 3rd ar, 4th ar, 5th ar and 6th ar) and remitted the case to the Opposition Division with the order to continue the opposition procedure on the basis of the seventh auxiliary request (hereinafter called 7th ar).

The Board supplied in substance the following arguments in support of the rejection of the m.r. through 6thar (see sections 2. through 7. of T 0319/91):

Claims 1 of the m.r. and the 1st ar, an alternative of claim 1 of the 2nd ar and claim 2 of the 3rd ar do not include the feature that the liquid crystal device (LCD) incorporates a dye (hereinafter called feature h). However, according to the application as originally filed - reference was particularly made to page 11, lines 6 to 8 and claim 1 - a polarization switch effect which is an essential effect to be obtained by the patent-in-suit is obtainable without a dye for high birefringence materials (hereinafter called feature H') only with LC layers with a thickness (d) of more than 12. µm (hereinafter called feature E') and the cell is disposed between two polarizers (hereinafter called feature U). Since claims 1 of the m.r., the 1st ar and 2nd ar do not contain feature E', since claim 2 of the 3rd ar does not contain features E' and U, since claims 2 of the 4th ar and 5th ar contain feature E' but do not contain feature U and since claim 2 of the 6th ar specifies that d is 6 µm, they are not allowable under Article 123(2) EPC.

III. During the resumed opposition proceedings, the Appellant filed sets of claims as the main request (hereinafter called M.R.) and first to fifth subsidiary request (hereinafter called 1st SR, 2nd SR, 3rd SR, 4th SR and 5th SR).

The Opposition Division decided that the M.R., 1st SR, 2nd SR and 3rd SR were inadmissible by virtue of Article 111(2) EPC and that the 4th SR and 5th SR were unacceptable since claim 1 of each of the latter requests did not involve an inventive step. Thus, the patent was revoked.

The Division argued in substance that neither of the M.R. to 3rd SR could be considered as based on the claims according to the 7th ar. The M.R., 1st SR and 2nd SR differed from the 7th ar in that feature H was not necessarily included in all the independent claims. The independent claim of 3rd SR included an alternative feature which did not form part of claim 1 of the 7th ar. The 4th SR and 5th SR were admissible since they included an independent claim comprising feature H and thus claim 1 conformed with the wording of the order given by the Board of Appeal.

IV. Requests

The Appellant requested that the case be remitted to the Opposition Division.

Furthermore, he requested oral proceedings and submittance of the case to the Enlarged Board of Appeal, however only in case of rejection of the request to remit the case to the Opposition Division.

Respondent I requested that the appeal be dismissed and the revocation of the patent be confirmed.

Respondent II only filed observations referring to the grounds of appeal.

V. Wording of all independent claims of the M.R. through 3rd SR

V.1 The independent claims of the M.R. read as follows:

"1. A liquid crystal device of the kind in which the presence of pleochroic dye in the liquid crystal material can enable viewing without polarisers, the device having a liquid crystal cell (1) with a layer (2) of a long pitch cholesteric liquid crystal material contained between the cell walls with

- the thickness of the layer (2) is less than 20 m,

- the ratio of the layer thickness divided by the pitch of the liquid crystal material is between 0.5. and 1,0,

- the liquid crystal material having a positive dielectric anisotropy,

- two cell walls (3, 4) bearing electrode structures (6, 7) which are arranged as a first series of m separate electrodes (6; 61 to 6n) on one wall (3) and a second series of n separate electrodes (7; 71 to 7n), forming an m x n matrix of separate addressable elements,

- the cell walls being surface treated to align the liquid crystal molecules (23) at the cell wall surface along an alignment direction (R) and with a tilt to the surface in a tilted homogeneous structure,

- the surface alignment and the natural pitch of the liquid crystal material being arranged to provide a progressive molecular twist of greater than and less than 2 radians across the layer (2), with a uniform tilt direction,

- the elastic and dielectric constants of the material together with the surface alignment and natural pitch of the material being arranged to provide a sharp transmission voltage characteristic in combination with substantially zero hysteresis,

- the device being switchable directly between a light transmissive ON state and a light absorbing non transmissive OFF state and vice versa at substantially the same voltages,

- the device having driver circuits (8, 9) for repetitively applying voltages from a voltage source (11) to the electrodes (6, 7) to RMS multiplex address each addressable element, and a logic circuit (10) controlling the driver circuits (8, 9),

- high multiplexibility."

"15. A liquid crystal display comprising a layer of long pitch cholesteric liquid crystal made of the kind in which the switched states are made visible with two polarisers having a cell greater than 12 µm and high birefringence material with

- the thickness of the layer (2) is less than 20 m,

- the ratio of the layer thickness divided by the pitch of the liquid crystal material is between 0.5. and 1,0,

- the liquid crystal material having a positive dielectric anisotropy,

- two cell walls (3, 4) bearing electrode structures (6, 7) which are arranged as a first series of m separate electrodes (6; 61 to 6n) on one wall (3) and a second series of n separate electrodes (7; 71 to 7n), forming an m x n matrix of separate addressable elements,

- the cell walls being surface treated to align the liquid crystal molecules (23) at the cell wall surface along an alignment direction (R) and with a tilt to the surface in a tilted homogeneous structure,

- the surface alignment and the natural pitch of the liquid crystal material being arranged to provide a progressive molecular twist of greater than and less than 2 radians across the layer (2), with a uniform tilt direction,

- the elastic and dielectric constants of the material together with the surface alignment and natural pitch of the material being arranged to provide a sharp transmission voltage characteristic in combination with substantially zero hysteresis,

- the device being switchable directly between a light transmissive ON state and a light absorbing non transmissive OFF state and vice versa at substantially the same voltages,

- the device having driver circuits (8, 9) for repetitively applying voltages from a voltage source (11) to the electrodes (6, 7) to RMS multiplex address each addressable element, and a logic circuit (10) controlling the driver circuits (8, 9),

- high multiplexibility."

"20. A liquid crystal device having a liquid crystal cell (1) with a layer (2) of a long pitch cholesteric liquid crystal material between the cell walls with

- the thickness of the layer (2) is less than 20 m,

- the ratio of the layer thickness divided by the pitch of the liquid crystal material is between 0.5. and 1,0,

- the liquid crystal material having a positive dielectric anisotropy,

- two cell walls (3, 4) bearing electrode structures (6, 7) which are arranged as a first series of m separate electrodes (6; 61 to 6n) on one wall (3) and a second series of n separate electrodes (7; 71 to 7n), forming an m x n matrix of separate addressable elements,

- the cell walls being surface treated to align the liquid crystal molecules (23) at the cell wall surface along an alignment direction (R) and with a tilt to the surface in a tilted homogeneous structure,

- the surface alignment and the natural pitch of the liquid crystal material being arranged to provide a progressive molecular twist of greater than and less than 2 radians across the layer (2), with a uniform tilt direction,

- the elastic and dielectric constants of the material together with the surface alignment and natural pitch of the material being arranged to provide a sharp transmission voltage characteristic in combination with substantially zero hysteresis,

- the device being switchable directly between a light transmissive ON state and a light absorbing non transmissive OFF state and vice versa at substantially the same voltages,

- the device viewable by the presence of pleochroic dye and/or polarisers,

- the device having driver circuits (8, 9) for repetitively applying voltages from a voltage source (11) to the electrodes (6, 7) to RMS multiplex address each addressable element, and a logic circuit (10) controlling the driver circuits (8, 9),

- high multiplexibility,

characterised in that the tendency to form a scattering texture just above the threshold voltage is suppressed by providing that the values of the natural pitch of the liquid crystal material and the thickness of the layer are chosen to yield a pitch to thickness ratio less than that which would match the natural cholesteric pitch for matching to the surface alignment twist."

"21. A liquid crystal device having a liquid crystal cell (1) with a layer (2) of a long pitch cholesteric liquid crystal material between the cell walls with

- the thickness of the layer (2) is less than 20 m,

- the ratio of the layer thickness divided by the pitch of the liquid crystal material is between 0.5. and 1,0,

- the liquid crystal material having a positive dielectric anisotropy,

- two cell walls (3, 4) bearing electrode structures (6, 7) which are arranged as a first series of m separate electrodes (6; 61 to 6n) on one wall (3) and a second series of n separate electrodes (7; 71 to 7n), forming an m x n matrix of separate addressable elements,

- the cell walls being surface treated to align the liquid crystal molecules (23) at the cell wall surface along an alignment direction (R) and with a tilt to the surface in a tilted homogeneous structure,

- the surface alignment and the natural pitch of the liquid crystal material being arranged to provide a progressive molecular twist of greater than and less than 2 radians across the layer (2), with a uniform tilt direction,

- the elastic and dielectric constants of the material together with the surface alignment and natural pitch of the material being arranged to provide a sharp transmission voltage characteristic in combination with substantially zero hysteresis,

- the device being switchable directly between a light transmissive ON state and a light absorbing non transmissive OFF state and vice versa at substantially the same voltages,

- the device viewable by the presence or pleochroic dye and/or polarisers,

- the device having driver circuits (8, 9) for repetitively applying voltages from a voltage source (11) to the electrodes (6, 7) to RMS multiplex address each addressable element, and a logic circuit (10) controlling the driver circuits (8, 9),

- high multiplexibiliity,

- temperature compensation."

V.2 Claim 1 of the 1st SR is identical with claim 20 of the M.R., and claim 2 of the 1st SR is identical with claim 21 of the M.R.

V.3 The independent claims of the 2nd SR read as follows:

"1. A highly multiplexed liquid crystal device, comprising:

- a liquid crystal cell (1), comprising

- a layer (2) of a long pitch cholesteric liquid crystal material wherein

- the thickness (d) of the layer (2) is less than 20. µm,

- the ratio (d/p) of the layer thickness (d) divided by the pitch (p) of the liquid crystal material is between 0.5 and 1.0, and

- the liquid crystal material has a positive dielectric anisotropy, and the liquid crystal material comprises an amount of a pleochroic dye,

- two cell walls (3, 4), containing the layer (2) of the liquid crystal material, and bearing electrode structures (6, 7) which are arranged as a first series of m separate electrodes (6; 61 to 6n) on one wall (3) and a second series of n separate electrodes (7; 71 to 7n), forming an m x n matrix of separate addressable elements, and being surface treated to align the liquid crystal molecules (23) at the cell wall surfaces along an alignment direction (R) and with a tilt to the surface in a tilted homogeneous structure,

- the surface alignment and the natural pitch (p) of the liquid crystal material being arranged to provide a progressive molecular twist of greater than and less than 2 radians across the layer (2), with a uniform tilt direction,

the elastic and dielectric constants of the material together with the surface alignment and material pitch of the material being arranged to provide a sharp transmission/voltage characteristic with substantially zero hysteresis, whereby the device may be switched directly between a light transmissive ON state and a light absorbing non transmissive OFF state

- driver circuits (8, 9) for repetitively applying voltages from a voltage source (11) to the electrodes (6, 7) to RMS multiplex address each addressable element, and

- a logic circuit (10) controlling the driver circuits (8, 9)."

"2. A highly multiplexed liquid crystal device, comprising:

- a liquid crystal cell (1), comprising a cell disposed between a pair of polarisers

- a layer (2) of a long pitch cholesteric liquid crystal material, wherein

- the thickness (d) of the layer (2) is less than 20. µm and equal to or greater than 12 µm,

- the ratio (d/p) of the layer thickness (d) divided by the pitch (p) of the liquid crystal material is between 0.5 and 1.0 and

- the liquid crystal material has a positive dielectric anisotropy, and the liquid crystal material has high birefringence

- two cell walls (3, 4), containing the layer (2) of the liquid crystal material, and bearing electrode structures (6, 7) which are arranged as a first series of m separate electrodes (6; 61 to 6n) on one wall (3) and a second series of n separate electrodes (7; 71 to 7n), forming an m x n matrix of separate addressable elements, and being surface treated to align the liquid crystal molecules (23) at the cell wall surfaces along an alignment direction (R) and with a tilt to the surface in a tilted homogeneous structure,

- the surface alignment and the natural pitch (p) of the liquid crystal material being arranged to provide a progressive molecular twist of greater than and less than 2 radians across the layer (2), with a uniform tilt direction,

the elastic and dielectric constants of the material together with the surface alignment and material pitch of the material being arranged to provide a sharp transmission/voltage characteristic with substantially zero hysteresis, whereby the device may be switched directly between a light transmissive ON state and a light absorbing non transmissive OFF state

- driver circuits (8, 9) for repetitively applying voltages from a voltage source (11) to the electrodes (6, 7) to RMS multiplex address each addressable element, and

- a logic circuit (10) controlling the driver circuits (8, 9)."

V.4 The independent claim of the 3rdSR reads as follows:

"1. A highly multiplexed liquid crystal device, comprising:

- a layer (2) of a long pitch cholesteric liquid crystal material having at least one of

- a small or zero temperature dependence of pitch (p), or

- a liquid crystal material whose pitch decreases with increasing temperature to partially or wholly compensate for variations in the threshold voltage with temperature, or

- temperature sensing and varying the addressing voltage levels accordingly,

wherein

- the thickness (d) of the layer (2) is less than 20. µm,

- the ratio of (d/p) of the layer thickness (d) divided by the pitch (p) of the liquid crystal material is between 0.5 and 1.0, and

- the liquid crystal material has a positive dielectric anisotropy, and the liquid crystal material comprises an amount of a pleochroic dye,

- two cell walls (3, 4), containing the layer (2) of the liquid crystal material, and bearing electrode structures (6, 7) which are arranged as a first series of m separate electrodes (6; 61 to 6n) on one wall (3) and a second series of n separate electrodes (7; 71 to 7n), forming an m x n matrix of separate addressable elements, and being surface treated to align the liquid crystal molecules (23) at the cell wall surfaces along an alignment direction (R) and with a tilt tot he surface in a tilted homogeneous structure,

- the surface alignment and the natural pitch (p) of the liquid crystal material being arranged to provide a progressive molecular twist of greater than and less than 2 radians across the layer (2), with a uniform tilt direction,

the elastic and dielectric constants of the material together with the surface alignment and material pitch of the material being arranged to provide a sharp transmission/voltage characteristic with substantially zero hysteresis, whereby the device may be switched directly between a light transmissive ON state and a light absorbing non transmissive OFF state

- driver circuits (8, 9) for repetitively applying voltages from a voltage source (11) to the electrodes (6, 7) to RMS multiplex address each addressable element, and

- a logic circuit (10) controlling the driver circuits (8, 9)."

VI. The arguments of the Appellant in support of his request to admit the M.R. and the 1st SR to 3rd SR are summarized as follows:

There is no basis in the EPC, particularly in Article 111(2), and in decision T 0319/91 for the decision of the Opposition Division rejecting admission of said requests. Rejection of reformulated claims, provided that the rationale of decision T 0319/91 is followed, at only a single instance is incompatible with the requirements of the EPC. To do otherwise will place unreasonable restrictions on patentees in overcoming objections which might arise during the resumed proceedings.

VII. The arguments of Respondent I (Opponent 01) in support of his request to not admit the M.R. and the 1st SR to 3rd SR are summarized as follows:

The Board of Appeal, in its decision T 0319/91, unambiguously ruled that the proceedings may only be resumed on the basis of the claims of the 7th ar. Claim 1 of this request contains feature H. Since the M.R. and the 1st SR to 3rd SR do not contain said feature,they are inadmissible. Since the 4th ar was rejected incontestably by the Board, it is impossible to treat said request again, not even in a modified form.

VIII. The arguments of Respondent II (Opponent 02) in support of his request to not admit the M.R. and the 1st SR to 3rd SR are summarized as follows:

There is no reason why this case should be remitted again to the Opposition Division to reconsider the M.R. and the 1st SR to 3rd SR. According to Article 111(2) EPC, the Opposition Division was bound to the decision T 0319/91, which means that the proceedings may only be resumed on the basis of the distinct set of claims (reference was made to decision T 0843/91). Trying to re-open procedures on sets of claims none of which follows the specific wording of the order of decision T 0319/91 would offend the general principle of legal certainty.

1. The appeal is admissible.

2. Binding Effect of the Earlier Decision T 0319/94

2.1. In the present case it has to be decided whether it was correct that the claims according to the M.R. to 3rd SR were rejected by the Opposition Division merely on the basis of the ratio decidendi of decision T 0319/91.

Article 111(2) EPC states unambiguously that the first instance (and the Board of Appeal which is again concerned with the case) is only bound by the ratio decidendi of the remitting decision "in so far as the facts are the same". As a consequence, the Opposition Division is not bound by said decision if new claims are submitted which are not in conflict with said ratio decidendi.

2.2. According to Article 111(2) EPC it is assumed that the Board took one or several partial decisions and, for the rest, remitted the case for further prosecution and decision to the first instance. The opposition procedure is resumed for the remaining part to be decided - in the present case above all the question of inventive step had to be investigated. In doing so, it is a matter of course that the patentee, also at this stage of the procedure, should have the opportunity to modify the claims (following decision T 0027/94, unpublished). Thereby the modified claims may not be in conflict with the ratio decidendi of the earlier decision of the Board of Appeal.

2.3. It is a different situation if the Board dismissed the decision under appeal and remitted the case to the first instance with the order to maintain a patent with claims whose wording had been defined by the Board. In such a case (as in decision T 0843/91 cited by Respondent II), the first instance is not entitled to admit amended claims, since they are part of the res iudicata of the decision of the Board.

2.4. In the present case the following points are definitively decided by the earlier decision T 0319/94:

(a) Claim 1 as worded in the 7th ar complies with Article 123(2) and (3) EPC (see section 8. of T 0319/91).

(b) Claims 1 as worded in the m.r., 1st ar and 2nd ar, claims 2 as worded in the 3rd ar to 6th ar are not allowable under Article 123(2) EPC (see sections 2. to 7. of T 0319/91).

(c) A claim not including the feature that the LCD incorporates a dye (feature h) is not allowable under Article 123(2) EPC unless it comprises the features that the LC material has a high birefringence ( n 0.15) (feature H'), the thickness of the layer (2) is at least 12 µm (feature E') and the cell is disposed between two polarizers (feature U) (ratio decidendi as expressed in sections 2. to 8. of decision T 0319/91; see also section II. of the present decision).

In the present case the Opposition Division is, therefore, only bound to the partial decisions (a) to (c). Claims which do not contravene these partial decisions cannot be rejected merely by reference to decision T 0319/91.

The hint at the claims of the 7th ar in the order of said decision has no binding effect, since it mentions only those claims which are allowable under one aspect of the EPC. A restriction of the examination of a claim to the wording of a formally admissible claim does not follow from said order. The claims of the 7th ar are, therefore, to be seen as a starting point for the resumed procedure before the Opposition Division after the remittal of the case which does not exclude from the outset claims with a different wording but in accordance with the partial decisions (b) and (c).

2.5. From section 2.4 the following results:

Claim 1 of the M.R. does not unambiguously comprise feature h ("A liquid crystal device of the kind in which the presence of pleochroic dye in the liquid crystal material can enable viewing without polarizers ... "). Moreover, it does not comprise features E', H' and U.

Claim 15 of the M.R. does not disclose features h and E'. The fact that the LCD has a cell greater than 12 µm thick does not mean that the LC layer is equal to or thicker than 12 µm, since the cell comprises not only the layer but also the walls.

The alternative with feature U of claims 20 and 21 of the M.R. and claims 1 and 2 of the 1st SR does not comprise feature h and the alternative with the feature "the device viewable by the presence of pleochroic dye" does not unambiguously mean that the LCD comprises feature h. Moreover, said claims do not comprise feature E'.

Claim 1 of the 2nd SR includes feature h.

Claim 2 of the 2nd SR does not include feature h. However, it includes features E', H' and U.

Claims 1 and 2 of the 3rdSR include feature h.

An analysis of the independent claims of the 2nd SR and the 3rd SR has shown that they are not identical with the claims mentioned in point (b) of section 2.4.

Therefore, the independent claims of the M.R. and 1st SR do not comply with the partial decision of point (c), whereas the independent claims of the 2nd SR and the 3rd SR do not contravene the partial decisions of points (b) and (c).

The Opposition Division was, therefore, entitled to reject the M.R. and the 1st AR, but it was not entitled to reject the 2ndSR and the 3rdSR merely by reference to decision T 0319/91.

3. The claims of the 2nd SR and the 3rd SR (and possibly further claims which comply with the ratio decidendi of decision T 0319/91) have not been examined by the first instance as to their substance, particularly as to their inventiveness. Thus, it would, despite of the relatively long duration of the opposition procedure up to now, be inequitable to reject the request of the Appellant that the case be remitted to the Opposition Division. This would the Appellant deprive of his right to have all claims being allowable with respect to T 0319/91 examined by two instances. Therefore, the Board of Appeal exercises its power pursuant to the second possibility provided by Article 111(1) EPC by remitting the case (again) to the Opposition Division.

The Opposition Division should, in view of the long duration of the case, resume the opposition proceedings as soon as possible and try to treat the case with preference.

To avoid further delay of the final decision, the Appellant has the faculty of submitting as soon as possible a limited number of claims which do not contravene the provisions of sections 2.4 and 2.5 above and the requirements of Article 123(2) and (3) EPC.

4. The erroneous rejection of the 2nd SR and the 3rd SR by the Opposition Division from the outset and merely by reference to the earlier decision T 0319/91 is a consequence of a misinterpretation of said decision. Since thus no procedural violation is occurring, the question of reimbursement of the appeal fee is not up for discussion.

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 continue the opposition procedure on the basis of claims to be filed by the Appellant and taking into account the provisions of sections 2.4 and 2.5.

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