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/t950428eu1
  1. Home
  2. T 0428/95 17-04-1996
Facebook Twitter Linkedin Email

T 0428/95 17-04-1996

European Case Law Identifier
ECLI:EP:BA:1996:T042895.19960417
Date of decision
17 April 1996
Case number
T 0428/95
Petition for review of
-
Application number
85903747.5
IPC class
G01F 1/84
Language of proceedings
EN
Distribution
DISTRIBUTED TO BOARD CHAIRMEN (C)

Download and more information:

Decision in EN 684.94 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

Improved apparatus for mass flow rate and density measurement

Applicant name
EXAC CORPORATION
Opponent name

Endress + Hauser Flowtec AG

Krohne Messtechnik Massametron GmbH & Co. KG

Board
3.4.02
Headnote
-
Relevant legal provisions
European Patent Convention Art 84 1973
European Patent Convention Art 54 1973
European Patent Convention Art 56 1973
European Patent Convention Art 100(a) 1973
Keywords

Novelty (yes)

Inventive step (yes)

Claims - clarity - no ground of opposition

Catchword
-
Cited decisions
-
Citing decisions
T 0079/07
T 1495/09

I. The respondent is proprietor of European patent No. 0 188 572 which has been granted with 13 claims on the basis of European patent application No. 85 903 747.5. The patent acknowledges D16 = US-A-4 127 028 as prior art and its only independent claim reads as follows:

"1. A flow meter for measuring the mass flow rate in a stream of flowing material, comprising: a tubular conduit means arranged to form a loop (125 or 127) having an entrance portion through which the flowing material enters the conduit means, an exit portion through which the flowing material exits the conduit means, an actuated portion intermediate the entrance and exit portions, a first detection portion coupling the entrance portion and the actuated portion, and a second detection portion coupling the actuated portion and the exit portion, the entrance and exit portions being arranged so that the flowing material enters and exits the flow meter in substantially the same direction; actuating means (42) for causing said actuated portion to oscillate about a first axis Y-Y between positions on opposite sides of a rest position; detection means (46, 48, 56) for detecting motive differences occurring between the entrance portion and the exit portion caused by Coriolis forces acting about a second axis X-X perpendicular to the first axis Y-Y and induced in the first detection portion and the second detection portion as the actuating means causes the actuated portion to oscillate; and computing and indicator means (54) responsive to the detection means and operative to indicate the mass flow rate of material flowing through the tubular conduit means; characterised in that the loop (125 or 127) is generally helical with the exit portion crossing the entrance portion in spaced apart relationship, and the loop has a dimension L along the first axis Y-Y and a dimension H along the second axis X-X such that the ratio L/H is greater than unity."

II. The appellant is one of the two opponents who filed an opposition against the European patent on the grounds that the subject-matter of claim 1 lacked novelty having regard to D20 = WO-A-85/05677 & EP-A-0 185 709. Moreover, the appellant made formal objections concerning the separation in two parts of the text of said claim having regard to D16. The second opponent, after having additionally opposed the patent on the grounds that the subject-matter of claim 1 lacked an inventive step having regard to inter alia D16, withdrew his opposition during the procedure.

III. The opposition was rejected.

The Opposition Division took the view that the subject-matter of claim 1 was novel having regard to D20 and that the first feature of the characterising portion of claim 1, that the loop was generally helical, was not in itself inventive as compared to the device known from D16, but that the second characterising feature, that said loop was with the exit portion crossing the entrance portion in spaced apart relationship, was not clearly disclosed in D16 and not immediately obvious either; moreover, concerning the third and last characterising feature, that the loop had a dimension L along the first axis Y-Y and a dimension H along the second axis X-X such that the ration L/H was greater than unity, there was no derivable need from the teaching of D16 to depart from the circular shape shown in Figure 5 of this document and, if there were any reason to modify said structure of Figure 5, it would be in the other direction, with L/H smaller than unity, in accordance with the examples shown in other Figures of D16. Therefore, the subject-matter of the opposed claim 1 was considered as involving an inventive step.

IV. The appellant (opponent) filed an appeal against this decision. He requested that the decision under appeal be set aside and the patent be revoked or, at least, amended for meeting clarity objections. He submitted the following arguments in support of his requests: A flow meter according to the first part of claim 1 in dispute is known from Figure 5 of D16. The claim is admittedly novel because in particular the last feature of the claim, that the loop has a dimension L along the first axis Y-Y and a dimension H along the second axis X-X such that the ratio L/H is greater than unity, is not comprised in the teaching of D16. However, this last feature, as well as the two other features of the characterising portion of the claim in dispute, that the loop is generally helical and that said loop is with the exit portion crossing the entrance portion in spaced apart relationship, can be found by the skilled person, who in this particular technical field of Coriolis flow meters is of a high technical level, in an obvious way for the following reasons: the device of Figure 5 of D16, with its loop crossing itself, leads to an helical structure wherein, for technical reasons relating to loop vibration modes easily recognized by the skilled person, the parts of the loop cannot be in contact or connected, so that they must be spaced apart; moreover, the skilled person would also easily find, at least when carrying into practice the teaching of the generally circular loop of Figure 5 of D16, that this shape is not convenient for solving the object of D16 of increasing the sensitivity of the flow meter; he would also recognize for the same reasons that modifying the generally circular loop of Figure 5 of D16 by taking into account the teaching relating to Figure 1 of the same document would not solve the problem either, so that he would be obviously led to modify the shape of the loop of said Figure 5 in the direction opposite to that of said Figure 1, thus obtaining the flow meter in dispute.

The claim in dispute lacks clarity because there is a contradiction between the text of the claim and all embodiments in the patent in suit except those illustrated by Figures 7 and 8. In particular, these embodiments, for instance the one illustrated by Figure 2, are identical with those of D20, so that, although it is admitted that lack of clarity is no ground of opposition, the patent should be amended and all embodiments of the patent in suit concerning circular devices should be deleted.

V. The respondent (proprietor) requested that the appeal be rejected and, as auxiliary request, that oral proceedings take place. He argued substantially as follows in support of his requests:

It has not been contested that the flow meter of claim 1 in dispute is novel. A flow meter according to the pre-characterising portion of the claim is known from Figure 5 of D16. The device shown in said Figure 5 has undoubtedly a loop with a generally circular structure and, although the ends of said loop cross each other, there is no indication in D16 that the loop should be generally helical. Concerning the further feature of the characterising portion of claim 1 in dispute, that said loop is with the exit portion crossing the entrance portion in spaced apart relationship, there is no indication derivable in this sense either; in particular, the objections about problems arising when the crossing parts of the loop of Figure 5 of D16 are in contact or connected are irrelevant because this is not required by the claim in dispute, which only states that these parts must be separated. The last feature of the characterising portion of claim 1 in dispute, that the loop has a dimension L along the first axis Y-Y and a dimension H along the second axis X-X such that the ratio L/H is greater than unity, can be derived neither from the generally circular structure of Figure 5 of D16 nor from other Figures of said document, which lead to structures elongated in the opposite direction. Therefore, D16 being silent about said three distinguishing features, the subject-matter of claim 1 in dispute involves an inventive step.

Concerning the objection of lack of clarity of claim 1 in dispute, it is to be remembered that this is no ground of opposition.

1. The appeal is admissible.

2. Novelty of claim 1

2.1. A flow meter for measuring the mass flow rate in a stream of flowing material is known from D16 (see column 5, lines 46 to 64; Figure 5; see also Figure 4 and, additionally, Figure 1 to 3 and the corresponding text); the known flow meter comprises:

a tubular conduit means arranged to form a loop (76) having an entrance portion through which the flowing material enters the conduit means, an exit portion through which the flowing material exits the conduit means, an actuated portion (not shown) intermediate the entrance and exit portions, a first detection portion coupling the entrance portion and the actuated portion, and a second detection portion coupling the actuated portion and the exit portion, the entrance and exit portions being arranged so that the flowing material enters and exits the flow meter in substantially the same direction; actuating means (32) for causing said actuated portion to oscillate about a first axis between positions on opposite sides of a rest position; detection means (40, 41) for detecting motive differences occurring between the entrance portion and the exit portion caused by Coriolis forces acting about a second axis perpendicular to the first axis and induced in the first detection portion and the second detection portion as the actuating means causes the actuated portion to oscillate; and computing and indicator means responsive to the detection means and operative to indicate the mass flow rate of material flowing through the tubular conduit means (76).

However, it has not been contested that in particular the last feature of the characterising portion of the claim in dispute that the loop has a dimension L along the first axis Y-Y and a dimension H along the second axis X-X such that the ratio L/H is greater than unity is not comprised in the teaching of D16.

2.2. It is to be noted that, although the appellant has declared in his statement of grounds of appeal (see paragraph 2 on page 3) that he did not contest the novelty of the subject-matter of claim 1 in dispute, there is a further comment (see page 8, last paragraph to page 9, fourth paragraph) that all embodiments in the patent in suit except those illustrated by Figures 7 and 8 are identical with those of D20, so that all embodiments of the patent in suit concerning circular devices should be deleted. However, insofar as it concerns the novelty of the subject-matter of claim 1 in dispute, the positive declaration of the appellant is accepted so that there is no need to comment further on the content of D20 in this respect.

2.3. Therefore, the subject-matter of claim 1 in dispute is novel in the sense of Article 54 EPC.

3. Inventive step of claim 1

3.1. It has not been contested that D20 is a document of the prior art according to Article 54(3) EPC, i.e. with a priority date prior to the priority date of the patent in suit but which has been published after the publication date of the European patent application having led to the patent in suit, and that thus D20 is not to be considered in deciding whether there has been an inventive step (Art. 56, second sentence, EPC).

3.2. As shown here above in relation with the assessment of novelty of claim 1 in dispute, all the features of the pre-characterising portion of the claim are known from D16. The characterising portion of the claim comprises the following further features:

(i) the loop is generally helical,

(ii) said loop is with the exit portion crossing the entrance portion in spaced apart relationship, and

(iii) the loop has a dimension L along the first axis Y-Y and a dimension H along the second axis X-X such that the ratio L/H is greater than unity.

3.3. The appellant has declared in the statement of grounds of appeal (see paragraph 3.4 on page 4) that he approves of the finding in the decision under appeal that it would appear most likely that the loop is a very flat helical loop, and therefore that feature (i) referred to above is in itself not inventive. Incidentally, it is to be noted that, thus, the appellant does not contest that said feature is not comprised in the teaching of D16. Concerning feature (i), the respondent in his observations (see paragraph 7) has pointed out that, taking into account in particular the indication in D16 that the device of Figure 5 is circular and further indications corroborating the conclusion that the structure as circular is in a plane, the device of D16 cannot be derived as being helical.

Indeed, in the only text location of D16 (see in particular column 5, lines 54 to 64) directly related to Figure 5, it is mentioned that the loop is "in the shape of a circle", and this can be indicative of some planar structure. However, the meaning of the expression "in the shape of a circle" is to be interpreted in the context of the document. In D16 (see column 5, lines 46 to 53; Figure 4), in relation with another example, it is stated that the shown loop (71) "is in the form of a circle". Yet, since the loop (71) of Figure 4 is shown as being in the form of an interrupted, incomplete circular loop only, it is derivable that, for the skilled reader taking into account the teaching of D16, "in the form of a circle" or "in the shape of a circle" only indicates a general shape or form of the loop, and not an exact circular shape and thus not an exact planar configuration.

Moreover, in relation to the example illustrated by Figure 5 of D16 (see column 5, lines 54 to 64), it is mentioned that "it will be noticed that the loop (76) must bypass itself as shown at (77)". This statement is in agreement with at least the left part of the drawing, which shows the entrance portion (81) of the loop (76) with a broken line portion and the loop itself with continuous lines, thus indicating a part of the entrance portion (81) under the loop (76) at this crossing location (77).

Therefore, the respondent's argument relating to a planar structure of the loop of Figure 5 of D16 is not convincing and the appellant's argument based on the conclusion of the Opposition Division that the first feature of the characterising portion of claim 1, that the loop was generally helical, was not in itself inventive as compared to the device known from D16, can be accepted.

3.4. The appellant has argued that the Opposition Division, in concluding that the feature (ii) that the loop is with the exit portion crossing the entrance portion in spaced apart relationship is not clearly disclosed in D16 and not immediately obvious either, has not sufficiently appreciated the content of D16.

It is first to be noted that the appellant's argument is not convincing already since, from the content of D16 alone, the feature that the loop is with the exit portion crossing the entrance portion in spaced apart relationship is not derivable. The appellant has further argued that the skilled person in this particular technical field is of a high technical level and will understand that, at the location where the loop (76) bypasses itself, the parts of the loop cannot be joined together or connected in any way, but must be spaced apart, because of the good functioning of the Coriolis meter. This argument cannot be accepted either because, as convincingly argued by the respondent in his observations (see paragraphs 3 to 6 and 8), claim 1 in dispute only requires the loop to be with the exit portion crossing the entrance portion in spaced apart relationship, and this is not necessarily related to joining or connecting those parts together.

Therefore, even if it had been obvious for the skilled person to give the crossing loop of Figure 5 of D16 a generally helical shape, the further step of separating the crossing parts of the loop is not derivable from this document and irrelevant in view of the appellant's arguments concerning a feature which is not required by the claim.

3.5. Concerning the last feature of the claim that the loop has a dimension L along the first axis Y-Y and a dimension H along the second axis X-X such that the ration L/H is greater than unity, the appellant has declared in his statement setting out the grounds of appeal (see paragraph 3.6 on pages 5 to 8) that this feature is not derivable from D16 itself, but went on to argue that the skilled person trying to achieve the purpose of D16 (see column 2, lines 1 to 6 and column 4, lines 13 to 17) of increasing the sensitivity of the flow meter, which is as well the object of the invention of the patent in suit (see page 2, lines 17 to 24), would get aware, at least when carrying out into practice the teaching of D16 relating to Figure 5, that this particular structure does not allow to increase the sensitivity of the measurements; the appellant has also argued that, should the skilled person then try to modify the device of Figure 5 of D16 by taking into account the device of Figure 1 of said same document, wherein, contrary to the requirement of claim 1 in dispute, the loop is generally U-shaped and extend in the second axis and so has a dimension L along the first axis Y-Y and a dimension H along the second axis X-X such that the ratio L/H is not greater than unity, he would also get aware, at least when carrying into practice said modified device, that the modification based on Figure 1 does not solve the problem, but increases it, and would thus in an obvious way adopt the opposite modification, i.e. in the sense of claim 1 in dispute. However, this argument of the appellant, based on the general knowledge of the skilled person, is not convincing since, as plausibly pointed out by the respondent in his observations (see paragraph 9), D16 is silent about elongating the loop (76) of Figure 5 in any direction, let alone in the Y-Y- direction, as required by the main claim, and is also silent about the two other features (i) and (ii) of the characterising portion of the claim that the loop is generally helical with the exit portion crossing the entrance portion in spaced apart relationship.

3.6. Therefore, starting from the incomplete teaching of D16 and even if the first feature (i) can be considered as providing no inventive contribution, it was not obvious for the skilled person using his general knowledge to arrive at the combination of features of the claim in dispute, so that the subject-matter of the claim involves an inventive step in the sense of Article 56 EPC.

4. Further objections of the appellant

4.1. In his statement of grounds of appeal (see page 8, last paragraph to page 9, fourth paragraph), the appellant has objected that all illustrated embodiments in the patent in suit except those illustrated by Figures 7 and 8. were shown as circular devices and that, taking into account the text of the patent (see page 8, lines 15 to 17), those devices of Figures 2 to 6 could be derived as being embodiments of lesser quality than the embodiments corresponding to Figures 7 and 8 ("...are further improved...."), thereby resulting in a contradiction between the claim, on the one hand, and description and drawings on the other hand, and thus in the claim lacking clarity.

4.2. Concerning this objection, it is first to be noted that, as admitted also by the appellant, lack of clarity of the claims in the sense of Article 84 EPC is not one of the grounds of opposition in the exclusive list of grounds of Article 100 EPC. Thus, there can be seen no provision in the EPC for obliging the respondent to amend the patent in suit only because of lack of clarity.

4.3. Incidentally, concerning the further objection in the statement of grounds of appeal (see page 8, last paragraph to page 9, fourth paragraph) that all embodiments in the patent in suit except those illustrated by Figures 7 and 8 are identical with those of D20, the following is to be added: The flow meter of Figure 2 of the patent in suit (see page 7, lines 2 to 6), in particular, is mentioned as having a "circular loop". Thus, this device does not comprise the feature of claim 1 in dispute that the loop has a dimension L along the first axis Y-Y and a dimension H along the second axis X-X such that the ration L/H is greater than unity and therefore is not a flow meter according to claim 1 in dispute. Thus, whether a device of D20 is identical with the device of Figure 2 of the patent in suit is irrelevant since said known device, because of said distinguishing feature, is unambiguously not identical with the flow meter of claim 1 in dispute and cannot attack its novelty. Moreover, taking into account the statement in the patent in suit (see page 8, lines 15 to 17) referred to by the appellant according to which the mass flow rate measurement sensitivity of the devices depicted in Figures 2 to 6 are further improved by configuring the loops in such a way that the ratio of the length to the height is greater than unity, it can be derived that at least the embodiments illustrated by Figures 3 to 6 are also generally circular and do not correspond to the flow meter of claim 1 in dispute. As mentioned here above, the appellant has also admitted the novelty of the claim. Therefore, this objection relative to D20 can be ignored.

4.4. As shown here above, the grounds of opposition do not prejudice the maintenance of the patent unamended. Since only the respondent and proprietor has submitted an auxiliary request for oral proceedings, there was no reason to issue a communication prior to deciding the case (Art. 113(1) EPC).

Order

ORDER

For these reasons it is decided that:

The appeal is dismissed.

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