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

    Patent knowledge

    Access our patent databases and search tools.

    Go to overview 

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

    Technology insight report on plastic waste management

  • Applying for a patent

    Applying for a patent

    Practical information on filing and grant procedures.

    Go to overview 

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

    UP

    Find out how the Unitary Patent can enhance your IP strategy

  • Law & practice

    Law & practice

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

    Go to overview 

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

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

  • News & events

    News & events

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

    Go to overview 

     

    • Overview
    • News
    • Events
    • European Inventor Award
      • Overview
      • About the award
      • Categories and prizes
      • Meet the finalists
      • Nominations
      • European Inventor Network
      • The 2024 event
    • Young Inventors Prize
      • Overview
      • About the prize
      • Nominations
      • The jury
      • The world, reimagined
      • The 2025 event
    • Press centre
      • Overview
      • Patent Index and statistics
      • Search in press centre
      • Background information
      • Copyright
      • Press contacts
      • Call back form
      • Email alert service
    • Innovation and patenting in focus
      • Overview
      • Water-related technologies
      • CodeFest
      • Green tech in focus
      • Research institutes
      • Women inventors
      • Lifestyle
      • Space and satellites
      • The future of medicine
      • Materials science
      • Mobile communications
      • Biotechnology
      • Patent classification
      • Digital technologies
      • The future of manufacturing
      • Books by EPO experts
    • "Talk innovation" podcast

    Podcast

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

  • Learning

    Learning

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

    Go to overview 

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

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

  • About us

    About us

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

    Go to overview 

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

    Track the latest tech trends with our Patent Index

 
en de fr
  • Language selection
  • English
  • Deutsch
  • Français
Main navigation
  • Homepage
    • Go back
    • New to patents
  • New to patents
    • Go back
    • Your business and patents
    • Why do we have patents?
    • What's your big idea?
    • Are you ready?
    • What to expect
    • How to apply for a patent
    • Is it patentable?
    • Are you first?
    • Patent quiz
    • Unitary patent video
  • Searching for patents
    • Go back
    • Overview
    • Technical information
      • Go back
      • Overview
      • Espacenet - patent search
        • Go back
        • Overview
        • National patent office databases
        • Global Patent Index (GPI)
        • Release notes
      • European Publication Server
        • Go back
        • Overview
        • Release notes
        • Cross-reference index for Euro-PCT applications
        • EP authority file
        • Help
      • EP full-text search
    • Legal information
      • Go back
      • Overview
      • European Patent Register
        • Go back
        • Overview
        • Release notes archive
        • Register documentation
          • Go back
          • Overview
          • Deep link data coverage
          • Federated Register
          • Register events
      • European Patent Bulletin
        • Go back
        • Overview
        • Download Bulletin
        • EP Bulletin search
        • Help
      • European Case Law Identifier sitemap
      • Third-party observations
    • Business information
      • Go back
      • Overview
      • PATSTAT
      • IPscore
        • Go back
        • Release notes
      • Technology insight reports
    • Data
      • Go back
      • Overview
      • Technology Intelligence Platform
      • Linked open EP data
      • Bulk data sets
        • Go back
        • Overview
        • Manuals
        • Sequence listings
        • National full-text data
        • European Patent Register data
        • EPO worldwide bibliographic data (DOCDB)
        • EP full-text data
        • EPO worldwide legal event data (INPADOC)
        • EP bibliographic data (EBD)
        • Boards of Appeal decisions
      • Web services
        • Go back
        • Overview
        • Open Patent Services (OPS)
        • European Publication Server web service
      • Coverage, codes and statistics
        • Go back
        • Weekly updates
        • Updated regularly
    • Technology platforms
      • Go back
      • Overview
      • Plastics in transition
        • Go back
        • Overview
        • Plastics waste recovery
        • Plastics waste recycling
        • Alternative plastics
      • Innovation in water technologies
        • Go back
        • Overview
        • Clean water
        • Protection from water
      • Space innovation
        • Go back
        • Overview
        • Cosmonautics
        • Space observation
      • Technologies combatting cancer
        • Go back
        • Overview
        • Prevention and early detection
        • Diagnostics
        • Therapies
        • Wellbeing and aftercare
      • Firefighting technologies
        • Go back
        • Overview
        • Detection and prevention of fires
        • Fire extinguishing
        • Protective equipment
        • Post-fire restoration
      • Clean energy technologies
        • Go back
        • Overview
        • Renewable energy
        • Carbon-intensive industries
        • Energy storage and other enabling technologies
      • Fighting coronavirus
        • Go back
        • Overview
        • Vaccines and therapeutics
          • Go back
          • Overview
          • Vaccines
          • Overview of candidate therapies for COVID-19
          • Candidate antiviral and symptomatic therapeutics
          • Nucleic acids and antibodies to fight coronavirus
        • Diagnostics and analytics
          • Go back
          • Overview
          • Protein and nucleic acid assays
          • Analytical protocols
        • Informatics
          • Go back
          • Overview
          • Bioinformatics
          • Healthcare informatics
        • Technologies for the new normal
          • Go back
          • Overview
          • Devices, materials and equipment
          • Procedures, actions and activities
          • Digital technologies
        • Inventors against coronavirus
    • Helpful resources
      • Go back
      • Overview
      • First time here?
        • Go back
        • Overview
        • Basic definitions
        • Patent classification
          • Go back
          • Overview
          • Cooperative Patent Classification (CPC)
        • Patent families
          • Go back
          • Overview
          • DOCDB simple patent family
          • INPADOC extended patent family
        • Legal event data
          • Go back
          • Overview
          • INPADOC classification scheme
      • Asian patent information
        • Go back
        • Overview
        • China (CN)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Chinese Taipei (TW)
          • Go back
          • Overview
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • India (IN)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
        • Japan (JP)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Korea (KR)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Russian Federation (RU)
          • Go back
          • Overview
          • Facts and figures
          • Numbering system
          • Searching in databases
        • Useful links
      • Patent information centres (PATLIB)
      • Patent Translate
      • Patent Knowledge News
      • Business and statistics
      • Unitary Patent information in patent knowledge
  • Applying for a patent
    • Go back
    • Overview
    • European route
      • Go back
      • Overview
      • European Patent Guide
      • Oppositions
      • Oral proceedings
        • Go back
        • Oral proceedings calendar
          • Go back
          • Calendar
          • Public access to appeal proceedings
          • Public access to opposition proceedings
          • Technical guidelines
      • Appeals
      • Unitary Patent & Unified Patent Court
        • Go back
        • Overview
        • Unitary Patent
          • Go back
          • Overview
          • Legal framework
          • Main features
          • Applying for a Unitary Patent
          • Cost of a Unitary Patent
          • Translation and compensation
          • Start date
          • Introductory brochures
        • Unified Patent Court
      • National validation
      • Extension/validation request
    • International route
      • Go back
      • Overview
      • Euro-PCT Guide
      • Entry into the European phase
      • Decisions and notices
      • PCT provisions and resources
      • Extension/validation request
      • Reinforced partnership programme
      • Accelerating your PCT application
      • Patent Prosecution Highway (PPH)
        • Go back
        • Patent Prosecution Highway (PPH) programme outline
      • Training and events
    • National route
    • MyEPO services
      • Go back
      • Overview
      • Understand our services
        • Go back
        • Overview
        • Exchange data with us using an API
          • Go back
          • Release notes
      • Get access
        • Go back
        • Overview
        • Release notes
      • File with us
        • Go back
        • Overview
        • What if our online filing services are down?
        • Release notes
      • Interact with us on your files
        • Go back
        • Release notes
      • Online Filing & fee payment outages
    • Fees
      • Go back
      • Overview
      • European fees (EPC)
        • Go back
        • Overview
        • Decisions and notices
      • International fees (PCT)
        • Go back
        • Reduction in fees
        • Fees for international applications
        • Decisions and notices
        • Overview
      • Unitary Patent fees (UP)
        • Go back
        • Overview
        • Decisions and notices
      • Fee payment and refunds
        • Go back
        • Overview
        • Payment methods
        • Getting started
        • FAQs and other documentation
        • Technical information for batch payments
        • Decisions and notices
        • Release notes
      • Warning
    • Forms
      • Go back
      • Overview
      • Request for examination
    • Find a professional representative
  • Law & practice
    • Go back
    • Overview
    • Legal texts
      • Go back
      • Overview
      • European Patent Convention
        • Go back
        • Overview
        • Archive
          • Go back
          • Overview
          • Documentation on the EPC revision 2000
            • Go back
            • Overview
            • Diplomatic Conference for the revision of the EPC
            • Travaux préparatoires
            • New text
            • Transitional provisions
            • Implementing regulations to the EPC 2000
            • Rules relating to Fees
            • Ratifications and accessions
          • Travaux Préparatoires EPC 1973
      • Official Journal
      • Guidelines
        • Go back
        • Overview
        • EPC Guidelines
        • PCT-EPO Guidelines
        • Unitary Patent Guidelines
        • Guidelines revision cycle
        • Consultation results
        • Summary of user responses
        • Archive
      • Extension / validation system
      • London Agreement
      • National law relating to the EPC
        • Go back
        • Overview
        • Archive
      • Unitary Patent system
        • Go back
        • Travaux préparatoires to UP and UPC
      • National measures relating to the Unitary Patent 
    • Court practices
      • Go back
      • Overview
      • European Patent Judges' Symposium
    • User consultations
      • Go back
      • Overview
      • Ongoing consultations
      • Completed consultations
    • Substantive patent law harmonisation
      • Go back
      • Overview
      • The Tegernsee process
      • Group B+
    • Convergence of practice
    • Options for professional representatives
  • News & events
    • Go back
    • Overview
    • News
    • Events
    • European Inventor Award
      • Go back
      • Overview
      • About the award
      • Categories and prizes
      • Meet the inventors
      • Nominations
      • European Inventor Network
        • Go back
        • 2024 activities
        • 2025 activities
        • Rules and criteria
        • FAQ
      • The 2024 event
    • Young Inventors Prize
      • Go back
      • Overview
      • About the prize
      • Nominations
      • The jury
      • The world, reimagined
      • The 2025 event
    • Press centre
      • Go back
      • Overview
      • Patent Index and statistics
      • Search in press centre
      • Background information
        • Go back
        • Overview
        • European Patent Office
        • Q&A on patents related to coronavirus
        • Q&A on plant patents
      • Copyright
      • Press contacts
      • Call back form
      • Email alert service
    • In focus
      • Go back
      • Overview
      • Water-related technologies
      • CodeFest
        • Go back
        • CodeFest Spring 2025 on classifying patent data for sustainable development
        • Overview
        • CodeFest 2024 on generative AI
        • CodeFest 2023 on Green Plastics
      • Green tech in focus
        • Go back
        • Overview
        • About green tech
        • Renewable energies
        • Energy transition technologies
        • Building a greener future
      • Research institutes
      • Women inventors
      • Lifestyle
      • Space and satellites
        • Go back
        • Overview
        • Patents and space technologies
      • Healthcare
        • Go back
        • Overview
        • Medical technologies and cancer
        • Personalised medicine
      • Materials science
        • Go back
        • Overview
        • Nanotechnology
      • Mobile communications
      • Biotechnology
        • Go back
        • Overview
        • Red, white or green
        • The role of the EPO
        • What is patentable?
        • Biotech inventors
      • Classification
        • Go back
        • Overview
        • Nanotechnology
        • Climate change mitigation technologies
          • Go back
          • Overview
          • External partners
          • Updates on Y02 and Y04S
      • Digital technologies
        • Go back
        • Overview
        • About ICT
        • Hardware and software
        • Artificial intelligence
        • Fourth Industrial Revolution
      • Additive manufacturing
        • Go back
        • Overview
        • About AM
        • AM innovation
      • Books by EPO experts
    • Podcast
  • Learning
    • Go back
    • Overview
    • Learning activities and paths
      • Go back
      • Overview
      • Learning activities: types and formats
      • Learning paths
    • EQE and EPAC
      • Go back
      • Overview
      • EQE - European Qualifying Examination
        • Go back
        • Overview
        • Compendium
          • Go back
          • Overview
          • Paper F
          • Paper A
          • Paper B
          • Paper C
          • Paper D
          • Pre-examination
        • Candidates successful in the European qualifying examination
        • Archive
      • EPAC - European patent administration certification
      • CSP – Candidate Support Programme
    • Learning resources by area of interest
      • Go back
      • Overview
      • Patent granting
      • Technology transfer and dissemination
      • Patent enforcement and litigation
    • Learning resources by profile
      • Go back
      • Overview
      • Business and IP managers
        • Go back
        • Overview
        • Innovation case studies
          • Go back
          • Overview
          • SME case studies
          • Technology transfer case studies
          • High-growth technology case studies
        • Inventor's handbook
          • Go back
          • Overview
          • Introduction
          • Disclosure and confidentiality
          • Novelty and prior art
          • Competition and market potential
          • Assessing the risk ahead
          • Proving the invention
          • Protecting your idea
          • Building a team and seeking funding
          • Business planning
          • Finding and approaching companies
          • Dealing with companies
        • Best of search matters
          • Go back
          • Overview
          • Tools and databases
          • EPO procedures and initiatives
          • Search strategies
          • Challenges and specific topics
        • Support for high-growth technology businesses
          • Go back
          • Overview
          • Business decision-makers
          • IP professionals
          • Stakeholders of the Innovation Ecosystem
      • EQE and EPAC Candidates
        • Go back
        • Overview
        • Paper F brain-teasers
        • Daily D questions
        • European qualifying examination - Guide for preparation
        • EPAC
      • Judges, lawyers and prosecutors
        • Go back
        • Overview
        • Compulsory licensing in Europe
        • The jurisdiction of European courts in patent disputes
      • National offices and IP authorities
        • Go back
        • Overview
        • Learning material for examiners of national officers
        • Learning material for formalities officers and paralegals
      • Patent attorneys and paralegals
      • Universities, research centres and TTOs
        • Go back
        • Overview
        • Modular IP Education Framework (MIPEF)
        • Pan-European Seal Young Professionals Programme
          • Go back
          • Overview
          • For students
          • For universities
            • Go back
            • Overview
            • IP education resources
            • University memberships
          • Our young professionals
          • Professional development plan
        • Academic Research Programme
          • Go back
          • Overview
          • Completed research projects
          • Current research projects
        • IP Teaching Kit
          • Go back
          • Overview
          • Download modules
        • Intellectual property course design manual
        • PATLIB Knowledge Transfer to Africa
          • Go back
          • Core activities
          • Stories and insights
  • About us
    • Go back
    • Overview
    • The EPO at a glance
    • 50 years of the EPC
      • Go back
      • Official celebrations
      • Overview
      • Member states’ video statements
        • Go back
        • Albania
        • Austria
        • Belgium
        • Bulgaria
        • Croatia
        • Cyprus
        • Czech Republic
        • Denmark
        • Estonia
        • Finland
        • France
        • Germany
        • Greece
        • Hungary
        • Iceland
        • Ireland
        • Italy
        • Latvia
        • Liechtenstein
        • Lithuania
        • Luxembourg
        • Malta
        • Monaco
        • Montenegro
        • Netherlands
        • North Macedonia
        • Norway
        • Poland
        • Portugal
        • Romania
        • San Marino
        • Serbia
        • Slovakia
        • Slovenia
        • Spain
        • Sweden
        • Switzerland
        • Türkiye
        • United Kingdom
      • 50 Leading Tech Voices
      • Athens Marathon
      • Kids’ collaborative art competition
    • Legal foundations and member states
      • Go back
      • Overview
      • Legal foundations
      • Member states
        • Go back
        • Overview
        • Member states by date of accession
      • Extension states
      • Validation states
    • Administrative Council and subsidiary bodies
      • Go back
      • Overview
      • Communiqués
        • Go back
        • 2024
        • Overview
        • 2023
        • 2022
        • 2021
        • 2020
        • 2019
        • 2018
        • 2017
        • 2016
        • 2015
        • 2014
        • 2013
      • Calendar
      • Documents and publications
        • Go back
        • Overview
        • Select Committee documents
      • Administrative Council
        • Go back
        • Overview
        • Composition
        • Representatives
        • Rules of Procedure
        • Board of Auditors
        • Secretariat
        • Council bodies
    • Principles & strategy
      • Go back
      • Overview
      • Mission, vision, values & corporate policy
      • Strategic Plan 2028
        • Go back
        • Driver 1: People
        • Driver 2: Technologies
        • Driver 3: High-quality, timely products and services
        • Driver 4: Partnerships
        • Driver 5: Financial sustainability
      • Towards a New Normal
      • Data protection & privacy notice
    • Leadership & management
      • Go back
      • Overview
      • About the President
      • Management Advisory Committee
    • Sustainability at the EPO
      • Go back
      • Overview
      • Environmental
        • Go back
        • Overview
        • Inspiring environmental inventions
      • Social
        • Go back
        • Overview
        • Inspiring social inventions
      • Governance and Financial sustainability
    • Procurement
      • Go back
      • Overview
      • Procurement forecast
      • Doing business with the EPO
      • Procurement procedures
      • Dynamic Purchasing System (DPS) publications
      • Sustainable Procurement Policy
      • About eTendering
      • Invoicing
      • Procurement portal
        • Go back
        • Overview
        • e-Signing contracts
      • General conditions
      • Archived tenders
    • Services & activities
      • Go back
      • Overview
      • Our services & structure
      • Quality
        • Go back
        • Overview
        • Foundations
          • Go back
          • Overview
          • European Patent Convention
          • Guidelines for examination
          • Our staff
        • Enabling quality
          • Go back
          • Overview
          • Prior art
          • Classification
          • Tools
          • Processes
        • Products & services
          • Go back
          • Overview
          • Search
          • Examination
          • Opposition
          • Continuous improvement
        • Quality through networking
          • Go back
          • Overview
          • User engagement
          • Co-operation
          • User satisfaction survey
          • Stakeholder Quality Assurance Panels
        • Patent Quality Charter
        • Quality Action Plan
        • Quality dashboard
        • Statistics
          • Go back
          • Overview
          • Search
          • Examination
          • Opposition
        • Integrated management at the EPO
      • Consulting our users
        • Go back
        • Overview
        • Standing Advisory Committee before the EPO (SACEPO)
          • Go back
          • Overview
          • Objectives
          • SACEPO and its working parties
          • Meetings
          • Single Access Portal – SACEPO Area
        • Surveys
          • Go back
          • Overview
          • Detailed methodology
          • Search services
          • Examination services, final actions and publication
          • Opposition services
          • Formalities services
          • Customer services
          • Filing services
          • Key Account Management (KAM)
          • Website
          • Archive
      • Our user service charter
      • European and international co-operation
        • Go back
        • Overview
        • Co-operation with member states
          • Go back
          • Overview
        • Bilateral co-operation with non-member states
          • Go back
          • Overview
          • Validation system
          • Reinforced Partnership programme
        • Multilateral international co-operation with IP offices and organisations
        • Co-operation with international organisations outside the IP system
      • European Patent Academy
        • Go back
        • Overview
        • Partners
      • Chief Economist
        • Go back
        • Overview
        • Economic studies
      • Ombuds Office
      • Reporting wrongdoing
    • Observatory on Patents and Technology
      • Go back
      • Overview
      • Technologies
        • Go back
        • Overview
        • Innovation against cancer
        • Assistive robotics
        • Space technologies
      • Innovation actors
        • Go back
        • Overview
        • Startups and SMEs
          • Go back
          • Overview
          • Publications
        • Research universities and public research organisations
      • Policy and funding
        • Go back
        • Overview
        • Financing innovation programme
          • Go back
          • Overview
          • Our studies on the financing of innovation
          • EPO initiatives for patent applicants
          • Financial support for innovators in Europe
        • Patents and standards
          • Go back
          • Overview
          • Publications
          • Patent standards explorer
      • Tools
        • Go back
        • Overview
        • Deep Tech Finder
      • About the Observatory
        • Go back
        • Overview
        • Work plan
    • Transparency portal
      • Go back
      • Overview
      • General
        • Go back
        • Overview
        • Annual Review 2024
          • Go back
          • Overview
          • Executive summary
          • Driver 1 – People
          • Driver 2 – Technologies
          • Driver 3 – High-quality, timely products and services
          • Driver 4 – Partnerships
          • Driver 5 – Financial Sustainability
        • 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 0853/94 (Benanomicin A/ZAIDAN) 02-11-1998
Facebook X Linkedin Email

T 0853/94 (Benanomicin A/ZAIDAN) 02-11-1998

European Case Law Identifier
ECLI:EP:BA:1998:T085394.19981102
Date of decision
02 November 1998
Case number
T 0853/94
Petition for review of
-
Application number
89402315.9
IPC class
A61K 31/71
Language of proceedings
EN
Distribution
DISTRIBUTED TO BOARD CHAIRMEN (C)

Download and more information:

Decision in EN 592.67 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

Pharmaceutical composition for inhibiting infection with virus causative of acquired human immunodeficiency syndrome

Applicant name
Zaidan Hojin Biseibutsu Kagaku Kenkyu Kai
Opponent name
-
Board
3.3.02
Headnote
-
Relevant legal provisions
European Patent Convention Art 52(1) 1973
European Patent Convention Art 54(2) 1973
European Patent Convention Art 54(3) 1973
European Patent Convention Art 54(4) 1973
European Patent Convention Art 54(5) 1973
European Patent Convention Art 56 1973
European Patent Convention Art 167(2)(a) 1973
Keywords

Novelty and inventive step: yes, claims restricted during appeal proceedings

Second medical use: no difference in substance between claims directed to the use of benanomicin A for the manufacture of a medicament for a new therapeutic application and claims directed to a process for the manufacture of the medicament for that new application using benanomicin A as an active ingredient

Catchword
-
Cited decisions
G 0005/83
T 0958/94
Citing decisions
-

I. European patent application No. 89 402 315.9 filed on 21. August 1989 and published as EP-A 0 356 330 was refused under Article 97(1) EPC by the decision of the Examining Division dated 3 June 1994. The decision was based on claims 1 to 3 for all designated contracting states filed with the Applicant's letter dated 7 April 1992. These claims read as follows:

"1. Use of at least one of benanomicin A and benanomicin B having the formula

FORMULA

wherein R is a hydroxyl group for benanomicin A, or an amino group for benanomicin B, or salts thereof, in the manufacture of an antiviral pharmaceutical composition for inhibiting infection with a virus causative of acquired human immunodeficiency syndrome.

2. Use of at least one of benanomicin A, benanomicin B and pharmaceutically acceptable salts thereof, as defined in claim 1, in the manufacture of an antiviral composition for inhibiting syncytium formation of human T-cells induced by a virus causative of acquired human immunodeficiency syndrome.

3. A process for the manufacture of an antiviral composition for inhibiting infection with a virus causative of acquired human immunodeficiency syndrome, or for inhibiting syncytium formation of human T-cells induced by said virus, comprising mixing at least one of benanomicin A and benanomicin B, as defined in claim 1, or pharmaceutically acceptable salts thereof and a pharmaceutically acceptable carrier."

II. The stated ground for the refusal was lack of novelty of all claims.

The Examining Division relied on the content of document (2), viz. EP-A-0 351 625, as comprised in the state of the art under Article 54(3) and (4) EPC. It found that (2) disclosed in Table I on page 6 under the headline " Representative BU-3608 Compounds", inter alia, Compound No. 28747 and referred also to its use for preparing a pharmaceutical composition for inhibiting infection with HIV virus and inhibiting syncytium formation of human T-cells by HIV virus (see especially page 4, lines 19 to 22; page 7, lines 31 to 33; claims 1 to 6).

As far as the chemical structure and formula given in document (2) for Compound No. 28747 was concerned, the Examining Division referred to the earlier European patent application No. 88 101 410 [EP-A-0 277 621, document (3)] and, in particular, to the formula VII: BU-3608-C on page 6 of (3), which already showed the correct formula and structure of the compound termed benanomicin B in the present application. Although, in contrast to formula VII given for compound BU-3608-C in document (3), the hydroxyl groups in positions 1 and 9 of the aromatic moiety and a further hydroxyl group in the sugar moiety were missing in the formula given for Compound No. 28747 in Table I of (2), the Examining Division concluded that it was immediately evident from the reference at the bottom of Table I in (2) to the earlier document (3) that by presenting the formula for Compound No. 28747 in Table I of (2) in reality nothing else would have been intended than to refer to the compound BU-3608-C corresponding to benanomicin B, in spite of certain errors in the said formula. On this basis the Examining Division considered the content of (2) prejudicial to the novelty of claims 1 and 2.

As far as claim 3 was concerned, the Examining Division was of the opinion that this claim was not drafted in accordance with the principles set out in decision G 5/83 (OJ EPO 1985, 64) and sought therefore not only to protect a 2nd or further medical use of benanomicin A and B but de facto to protect a process for the manufacture of pharmaceutical compositions comprising benanomicin A or B. The fact that pharmaceutical compositions comprising benanomicin A or B for a therapeutic use, different from that claimed in the present application, and a process for their preparation were already known from document (1), viz EP-A-0 315 147 (see especially page 2, lines 43 to 45; page 10, lines 15 to 52) led the Division to the conclusion that the particular intended use (therapeutical application) of the pharmaceutical compositions prepared by the process of claim 3 could not confer novelty on the claim having regard to the provisions of Article 54(5) EPC.

However, the Examining Division indicated already in the impugned decision that it considered the subject-matter of claims 1 and 2, if restricted to the use of benanomicin A only and its pharmaceutically acceptable salts, to be potentially patentable within the meaning of Article 52(1) EPC.

III. The Appellant filed an appeal against the above decision. In the statement of grounds the Appellant indicated its intention to continue this application without claiming the use of benanomicin B and deleted accordingly from claims 1 and 2 and the entire description but not from claim 3 the references to benanomicin B.

Following a Board's communication stating that claim 3 seemed to be inconsistent with claims 1 and 2 and the description as amended, the Appellant filed on 2. February 1998 an amended claim 3 from which the reference to benanomicin B had also been deleted.

IV. Following two further communications of the Board referring to certain observations as to the clarity and conciseness of the claims on file and the wording of the claims for the contracting state Spain, the Appellant requested with its reply dated 29 October 1998 that the decision under appeal be set aside and the patent be granted on the basis of the following documents:

(a) Claims 1 and 2 for all designated contracting states other than Spain submitted on 27 May 1998 reading as follows:

"1. Use of benanomicin A having the formula

FORMULA (I)

wherein R is a hydroxyl group, or salts thereof, in the manufacture of an antiviral pharmaceutical composition for inhibiting infection with a virus causative of acquired human immunodeficiency syndrome.

2. Use of benanomicin A or pharmaceutically acceptable salts thereof, as defined in claim 1, in the manufacture of an antiviral composition for inhibiting syncytium formation of human T-cells induced by a virus causative of acquired human immunodeficiency syndrome".

(b) Claims 1 and 2 for the contracting state Spain submitted on 29 October 1998 reading as follows:

"1. A process for the manufacture of an antiviral composition for inhibiting infection with a virus causative of acquired human immunodeficiency syndrome, comprising using, as an active ingredient of said composition, benanomicin A, having the formula

FORMULA (I)

wherein R is a hydroxyl group, or pharmaceutically acceptable salts thereof.

2. A process for the manufacture of an antiviral composition for inhibiting syncytium formation of human T-cells induced by a virus causative of acquired human immunodeficiency syndrome, comprising using, as an active ingredient of said composition, benanomicin A or pharmaceutically acceptable salts thereof, as defined in claim 1.

(c) Description: pages 2 to 7, 9 to 28 submitted on 11. October 1994; pages 1, 8 submitted on 29. October 1998.

1. The appeal is admissible.

2. Amendments

2.1. Compared to the claims as originally filed relating to the use of both benanomicin A and benanomicin B, or pharmaceutically acceptable salts thereof as the pharmacologically active agents of pharmaceutical compositions for inhibiting infection with a virus causative of acquired human immunodeficiency syndrome or for inhibiting syncytium formation of human T-cells induced by said virus, claims 1 and 2 presently on file for all designated contracting states other than Spain (hereinafter referred to as "the first set of claims") have been restricted during appeal proceedings to the use of benanomicin A only or pharmaceutically acceptable salts thereof for the above-mentioned purposes, in order to overcome the objection on the grounds of lack of novelty raised by the Examining Division.

2.2. Claims 1 and 2 for the contracting state Spain (hereinafter referred to as "the second set of claims") have similarly been restricted to a process for the manufacture of pharmaceutical compositions for inhibiting infection with a virus causative of acquired human immunodeficiency syndrome or for inhibiting syncytium formation of human T-cells induced by said virus using benanomicin A only or pharmaceutically acceptable salts thereof as the pharmacologically active ingredients. The manufacturing process is disclosed from line 20 on page 13 to line 4 on page 15 of the originally filed documents.

2.3. The first and the second set of the amended claims and the consequential amendments to the description are therefore acceptable under the terms of Articles 123(2) and 84 EPC. The editorial amendment on page 8 of the description is similarly acceptable.

3. Novelty

3.1. Out of the documents cited in the examination proceedings under Article 54(2) or (3) EPC, the following relate in one way or another to compounds corresponding to the benanomicins as defined by formula (I) in paragraph I above:

Document (1), which forms part of the state of the art under Article 54(3) and (4) EPC, discloses the chemical structure of benanomicin A and benanomicin B (see especially pages 3 to 7, claims 1 to 4) and their antifungal and antibacterial activities (see especially page 2, lines 43 to 45; page 10, lines 15 to 52, claims 10 to 11).

Document (2) falls also under the terms of Article 54(3) and (4) EPC. It discloses in Table I on page 6 under the headline "Representative BU-3608 Compounds", inter alia, Compound No. 28747 and contains a reference to its use for preparing a pharmaceutical composition for inhibiting infection with HIV virus and inhibiting syncytium formation of human T-cells by HIV virus (see page 4, lines 19 to 22; page 7, lines 31 to 33; claims 1 to 6). However, irrespective whether or not Compound No. 28747 disclosed in (2) is, in view of the incorrectly drafted formula, indeed to be considered as referring to the compound benanomicin B, document (2) does not disclose or in any other way refer to the compound benanomicin A or its use in any therapeutic application.

Document (3) discloses, inter alia, on page 6 the compound VII: BU 3608 C which corresponds to benanomicin B but likewise does not disclose the compound benanomicin A or its use in any therapeutic application.

Both, document (4), viz. "The Journal of Antibiotics", vol. 41, No. 6, June 1988, pages 807 to 811, (see especially page 807, right-hand column; page 810, the paragraph bridging the left and right-hand column), and document (5), viz. "The Journal of Antibiotics", vol. 41, no. 8, August 1988, pages 1019 to 1028, (see especially page 1024), disclose the correct chemical structure of the compounds benanomicin A and benanomicin B and refer to their antifungal and limited antibacterial activities.

3.2. In view of the foregoing the conclusion must be drawn that the use of benanomicin A as an agent for inhibiting infection with a virus causative of acquired human immunodeficiency syndrome or for inhibiting syncytium formation of human T-cells induced by said virus is not disclosed in any cited prior art falling under the terms of Article 54(2) or (3) EPC. In accordance with the reasons and order of the decision G 5/83 (OJ EPO, 1985, 64), the Board therefore acknowledges that the subject-matter of the first set of claims is novel because of the hitherto undisclosed therapeutic application of benanomicin A. This is in agreement with the finding of the Examining Division.

3.3. In decision T 958/94 (OJ EPO 6/1997, 241), Board of Appeal 3.3.2 concluded that, in cases where a patent may be granted with claims directed to the use of a known compound for a specified new and inventive therapeutic application (2nd or further medical use, see G 5/83, loc. cit.) such use may be claimed in the form

(i) either of the use of the compound for the manufacture of a medicament for the said therapeutic application

(ii) or of a process for the manufacture of a medicament for the said therapeutic application characterised in the use of the said compound.

It should be noted that in the case of decision T 958/94, both types of claim included an express reference to the specific second medical use. The Board stated in the said decision (see especially Reasons, point 3):

"Although the active substance per se, the medicament and the process for its manufacture were already known, the Enlarged Board in decisions G 1/83, G 5/83 and G 6/83 allowed a claim for preparing the medicament for the new therapeutic indication and directed to the substance's use in manufacturing the medicament intended for that new therapeutic indication. In the same conditions - ie where the active substance, the medicament and the process for its manufacture all lack novelty - it would therefore be unjustified to regard a claim of the type "method for manufacturing the medicament intended for the new therapeutic indication" as not patentable, given that a claim for the use of a substance to manufacture a medicament intended for a new therapeutic use and a claim for a method of manufacturing the medicament intended for the new use and characterised in that the same substance is used are substantively equivalent."

The Board concluded further in the above-mentioned decision that there is no difference in substance whether the subject-matter of the claimed invention is defined in accordance with the form and wording mentioned under (i) above, or in accordance with the wording and form mentioned under (ii) above.

Moreover, the Board accepted in the said decision that one and the same application may contain one set of claims drafted in the form mentioned under (i) above and a second set of claims drafted in the form mentioned under (ii) above for contracting states which have entered reservations in accordance with Article 167(2)(a) EPC.

3.4. In the present case the Board sees no reason why the principles set forth above should not equally apply to the first and second sets of claims presently on file and considers these two sets of claims as equivalent in the sense outlined above. It follows, that the subject-matter of the second set of claims is also novel for the reasons given in paragraph 3.2 above.

4. Inventive Step

4.1. Documents (4) and (5) represent, in the Board's judgment, the closest prior art under Article 54(2) EPC since both these documents disclose the correct structure of the compound benanomicin A and refer already to its medical use as an antifungal and antibacterial agent. Given this closest state of the art, the technical problem the invention sets out to solve can only be seen as that of finding for benanomicin A further valuable properties in addition to the ones specified in (4) and (5). In this respect it should be noted that the effort to find additional valuable properties and applications for a known physiologically active compound became over the recent years a rewarding and important task in the fields of pharmacology and pharmaceutical chemistry.

According to the claims, this problem is solved by the use of benanomicin A in the preparation of an antiviral agent for the particular therapeutic applications already mentioned in more detail in paragraph 3.2 (above). That the problem defined above has indeed been solved and benanomicin A exhibits indeed the desired pharmacological activities is plausibly derivable from the pharmacological tests described from line 24 on page 9 to line 13 on page 13 and, more specifically, from the tabulated test results from the Table on page 12 of the application as filed.

4.2. The finding that benanomicin A, which was known in the cited state of the art according to (4) and (5) to be effective only as an antibiotic, has also potent antiviral activity and, in particular, the finding that benanomicin A is capable of effectively inhibiting de nuovo infection of human T-cells with HIV, the causative agent of AIDS (cf. especially the results provided in the Table on page 12 of the application as filed), was, in the Board's opinion, at the priority date of the present application not obviously derivable, for a person skilled in the art, from the state of the art available to the Board.

It was similarly not foreseeable or predictable on the basis of the state of the art that benanomicin A would have the ability of inhibiting syncytium formation of human T-cells after co-cultivation with HIV producing cells, suggesting that benanomicin A inhibits the attachment of HIV to human T-cells at an early stage of HIV-infection (see especially page 2, lines 11 to 14; page 12, line 11 to page 13, line 15 of the application as filed).

4.3. Document 3 refers extensively to the antifungal activity (cf. page 17, line 47, to page 20, end of Table VII) of the compounds BU-3608 (see formula V, page 4), BU-3608-B (see formula VI, page 6) and BU 3608-C (see formula VII, page 6, corresponding to benanomicin B), and mentions from line 46 on page 20 to line 5 on page 21 an antiviral activity of the compounds BU-3608 and BU-3608-B against herpes simplex virus type I and influenza virus A.

Apart from the fact that the structure of BU-3608 and BU-3608-B is different with respect to the sugar moiety from that of benanomicin A, their antiviral activity against the types of virus mentioned above does not, in the Board's judgment, suggest to a person skilled in the art, in the absence of any evidence to the contrary, that the infection of the human T-cells with the entirely different type of virus causative of acquired human immunodeficiency syndrome could successfully be inhibited under the action of benanomicin A.

4.4. In conclusion, there is, in the Board's view, presently no evidence available in the prior art cited in the search report indicating hat the skilled person, being aware of the antifungal and antibacterial activity disclosed for the benanomicins A and B in documents (4) and (5) and also being aware of the limited antiviral activity disclosed for the compounds BU-3608 and BU-3608-B in document (3), could reasonably expect benanomicin A to be useful in effectively inhibiting infection of a susceptible living biological substrate with HIV and in inhibiting syncytium formation of human T-cells induced by said virus.

4.5. In view of the foregoing the Board concludes that the subject-matter of the first set of claims involves also an inventive step by virtue of the unexpected pharmacological properties and activities shown for benanomicin A in the present application. This is in agreement with the finding of the Examining Division.

4.6. Having regard to the conclusions reached in paragraph 3.3 (above), the criteria which lead the Board to acknowledge that the first set of claims involves an inventive step apply mutatis mutandis to the second set of claims for Spain.

Order

ORDER

For these reasons it is decided that:

1. The decision of the Examining Division is set aside.

2. The case is remitted to the departement of the first instance with the order that a patent be granted on the basis of the following documents:

(i) Claims 1 and 2 for all designated contracting states other than Spain as submitted on 27 May 1998;

(ii) Claims 1 and 2 for the contracting state Spain as submitted on 29 October 1998;

(iii) Description: pages 2 to 7, 9 to 28, as submitted on 11 October 1994; pages 1, 8, as submitted on 29. October 1998.

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