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

    Patent knowledge

    Access our patent databases and search tools.

    Go to overview 

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

    Technology insight report on plastic waste management

  • Applying for a patent

    Applying for a patent

    Practical information on filing and grant procedures.

    Go to overview 

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

    UP

    Find out how the Unitary Patent can enhance your IP strategy

  • Law & practice

    Law & practice

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

    Go to overview 

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

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

  • News & events

    News & events

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

    Go to overview 

     

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

    Podcast

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

  • Learning

    Learning

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

    Go to overview 

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

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

  • About us

    About us

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

    Go to overview 

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

    Track the latest tech trends with our Patent Index

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

Recent decisions

Overview
  • 2025 decisions
  • 2024 decisions
  • 2023 decisions
  1. Home
  2. T 0460/95 (Notice of appeal) 20-10-1997
Facebook X Linkedin Email

T 0460/95 (Notice of appeal) 20-10-1997

European Case Law Identifier
ECLI:EP:BA:1997:T046095.19971020
Date of decision
20 October 1997
Case number
T 0460/95
Petition for review of
-
Application number
88901423.9
IPC class
G05B 19/405
Language of proceedings
FR
Distribution
PUBLISHED IN THE EPO'S OFFICIAL JOURNAL (A)

Download and more information:

Decision in EN 28.47 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
DE
FR
Versions
OJ
Application title

TOOLING LATHE PROVIDED WITH IMPROVED CONTROL MEANS

Applicant name
SOMAB S.A.
Opponent name

I Gildemeister AG

II Heidehain GmbH

III Fanuc Ltd.

Board
3.5.01
Headnote
A notice of appeal within the meaning of Rule 64 of the Implementing Regulations to the EPC is inadmissible if it does not contain an explicit and unequivocal statement expressing the definite intention to contest an appealable decision.
Relevant legal provisions
European Patent Convention Art 108 1973
European Patent Convention Art 110(1) 1973
European Patent Convention Art 122 1973
European Patent Convention R 64(b) 1973
European Patent Convention R 65 1973
Keywords

Filing of an appeal - appeal filed (yes)

Notice of appeal - admissible (no)

Res judicata

Catchword
-
Cited decisions
T 0079/89
T 0843/91
T 0167/93
J 0003/95
J 0019/90
T 0925/91
T 0371/92
J 0016/94
Citing decisions
G 0001/97
G 0001/97
G 0002/97
T 0778/00
T 0947/94
G 0001/97
G 0002/97
G 0002/97
T 0778/00
T 0254/03
T 0377/11
T 0174/16
T 0689/19
T 0188/97
T 0445/98
J 0004/23
G 0001/97
G 0002/97
T 0778/00
T 0778/00
T 0126/04
T 0881/98

I. European patent No. 0 299 046 (application No. 88 901 423.9) was granted on behalf of the appellant on 8 July 1992 (Bulletin 92/28) on the basis of international application PCT/FR 88/00048 (publication No. WO 88/05936). Respondents I to III filed notice of opposition against the patent in its entirety, relying on the grounds of Article 100(a) EPC. In a decision of the opposition division, posted on 30 March 1995, the patent was revoked.

II. On 30 May 1995, a sum of FRF 7 270 was credited to an EPO bank account, with reference being made to the application number.

III. On 2 June 1995 the Office received a communication from the professional representative acting for the appellant consisting of a letter dated 30 May 1995, a form for the payment of fees and costs (EPO Form 1010) and a receipt for the payment of the fee. The letter, which was addressed to the EPO's Treasury and Accounts Directorate, cites as references the number of the European patent application, the number of the patent, the name of the proprietor, the title of the invention and a reference number. The letter reads as follows:

"Please find enclosed the following documents relating to the aforementioned patent application:

- a form for the payment of the appeal fee relating to the aforementioned application;

- a receipt for the payment of the fee.

(Subscription form)

NB Please return the enclosed copy of this letter as acknowledgment of receipt

(an addressed envelope is enclosed)."

The form for the payment of fees and costs contained the name and address of the professional representative, the application number, the designation 011 Fee for appeal, the amount paid and details of the method of payment. The documents were dated and signed.

The Office informed the parties concerned that an appeal had been filed. On 26 July 1995 the appellant, referring to the "appeal we filed with our letter of 30 May 1995", requested a two-month period of grace within which to file a statement setting out the grounds of appeal.

Subsequently, on 23 August 1995, the Office informed the appellant that it had failed to observe the time limit for filing the statement of grounds and pointed out that the appeal would probably be rejected as inadmissible. On 23 September 1995 the appellant filed the statement of grounds and submitted a request to have its rights re-established (Article 122 EPC). In doing so, the appellant pointed out that following a telephone conversation with the registrar of the boards of appeal, it had understood that the time limit for filing the statement of grounds would be extended on request. On 5 October 1995 the Office informed the respondents that a request for re-establishment of rights had been filed. In interlocutory decision T 460/95 of 16 July 1996 (not published in the OJ EPO), the present board allowed the request for re-establishment of rights. The order contained in the decision reads as follows:

1. The rights of the appellant are re-established.

2. The statement of grounds is considered filed in due time.

IV. Subsequently, respondents II and III raised objections to the interlocutory decision relating to the request for re-establishment of rights, stating that the decision was not justified. Moreover, they alleged that the notice of appeal did not comply with the formal requirements of the European Patent Convention and stated that the present appeal was therefore inadmissible.

In a communication issued in accordance with Article 11(2) of the Rules of procedure of the boards of appeal, the board stated that since the interlocutory decision had the force of res judicata it could override all the requirements concerning the admissibility of the appeal. Thus, the board would be prevented from re-examining any matter concerning the admissibility of the appeal.

V. During the oral proceedings, held on 20 October 1997, respondents II and III requested that the appeal be rejected as inadmissible. In particular, respondent II argued that the notice of appeal was inadmissible because it did not comply with the formal conditions of Rule 64(b) EPC. In support of its argument, the respondent referred to several decisions of the boards of appeal, in particular J 16/94 (OJ EPO 1997, 331), J 19/90 (of 30 April 1992, not published in the OJ EPO), T 371/92 (OJ EPO 1995, 324), T 167/93 (OJ EPO 1997, 229), T 843/91 (OJ EPO 1994, 832). Regarding the extent to which the interlocutory decision could be considered res judicata, the respondent maintained that the interlocutory decision only related to the time limit set out in Article 108, third sentence, EPC, and that the decision therefore did not prevent the board from examining whether the notice of appeal complied with the requirements of Rule 64(b) EPC. Moreover, the objections previously raised by respondents II and III to the interlocutory decision were no longer maintained.

VI. The respondent pointed out that, in its letter of 30 May 1995, it had expressed a definite intention to file an appeal against the decision of the opposition division. It argued that in view of the steps it had taken, its intention could not be in doubt: when it had paid the appeal fee it had clearly indicated the aim of the payment, mentioning the patent number and stating that the purpose of the payment was the appeal fee. As the contested decision simply related to the revocation of the patent, it was clear that the decision should be set aside in its entirety. Thus all the formal conditions for filing a notice of appeal had been fulfilled, if not explicitly at least in a conclusive manner.

VII. The following requests were filed during the oral proceedings:

The appellant (patent proprietor) requested that the contested decision be set aside and that the patent be maintained as granted.

The respondents (opponents) requested that the appeal be rejected as inadmissible in accordance with Rule 65 EPC. In an auxiliary request, the respondents asked that the following questions be referred to the Enlarged Board of Appeal:

(a) Does a letter accompanying a form for the payment of fees and a receipt for the payment of the appeal fee constitute a valid notice of appeal within the meaning of Article 108 and Rule 64 EPC?

(b) After the patent proprietor has had his rights re-established with regard to the time limit for filing the statement of grounds for appeal, can a board of appeal verify whether the appeal period has been observed irrespective of the grant of re-establishment of rights, or is the question of the observance of the appeal period automatically regarded as res judicata and considered to be resolved because of the grant of re-establishment of rights with regard to the time limit for filing the statement of grounds for appeal, irrespective of the facts of the case?

(c) Is it consistent with the generally accepted principle of the protection of legitimate expectations that re-establishment of rights be granted, after the loss of rights, on the basis of this principle, where the loss of rights is due to a misinterpretation - caused by linguistic problems encountered by a professional representative - of a precise piece of information provided over the telephone by the Office in respect of the extension of the time limit for filing a statement of grounds?

1. The substantive examination of the appeal is only possible in so far as the appeal is admissible (Article 110(1) EPC). The question whether the appeal complies with the requirements of Article 108, first sentence, EPC and Rule 64(b) EPC has in fact been cast in doubt by respondents II and III. However, in the present case, the board has already taken interlocutory decision T 460/95 of 16 July 1996 (not published in the OJ EPO). The question therefore arises as to whether the admissibility of the appeal has still to be determined.

2. Res judicata

In fact, in accordance with the case law of the boards of appeal (see T 79/89, OJ EPO 1992, 283; T 843/91, OJ EPO 1994, 832; T 167/93, OJ EPO 1997, 229; J 3/95, OJ EPO 1996, 169), the principle of res judicata is considered applicable within the scope of the Convention and essentially covers the order and the reasons for the decision.

In keeping with the principle of removing a case from a judge (J 3/95), which is also applicable to the judicial procedures of the EPO, and in accordance with the provisions of the Convention relating to means of redress, the decisions of the boards of appeal are final, except for the possibility offered by Rule 89 EPC which provides for the correction of errors in decisions - but only linguistic errors, errors of transcription and obvious mistakes.

However, as a result of the interlocutory decision of the present board, the appellant was granted re-establishment of rights (Article 122 EPC) with regard to the time limit defined in Article 108, third sentence, EPC for filing the statement of grounds, with the legal consequence that the appeal was deemed to have been filed in due time. Hence, this deemed filing of the statement of grounds in due time became final.

Nevertheless, the question whether the notice of appeal complies with the requirements of Rule 64(b) was not addressed in the statement of grounds nor in the order part of the interlocutory decision. At this stage, the admissibility of the notice of appeal had not been cast in doubt. The board had not deemed it to be manifestly inadmissible but had not come to a decision on its admissibility. For this reason, the force of res judicata which applies to the interlocutory decision does not relate to the admissibility of the notice of appeal itself. Thus, the board has the authority and indeed the duty to examine the formal admissibility of the notice of appeal.

3. Conditions which must be fulfilled if an appeal is to be deemed to have been filed

Article 108 EPC stipulates the time limit within which notice of appeal must be filed and the form in which it must be filed. It must be filed in writing within two months of the date of notification of the decision appealed from; it is not deemed to have been filed until after the fee for appeal has been filed. Within four months of the date of notification of the decision, a written statement setting out the grounds of appeal must be filed. Moreover, Rule 64 EPC provides that the written notice of appeal, as referred to in Article 108, must include:

(a) the name and address of the appellant, and

(b) a statement identifying the decision which is impugned and the extent to which amendment or cancellation of the decision is requested.

4. Existence of an appeal in this particular case

The contested decision was posted on 30 March 1995 and was notified to the appellant by registered letter in accordance with Rule 78(1) EPC. Hence, taking into account Rules 78(3) and 85(1) EPC, the time limit of two months stipulated in Article 108, first and second sentences, EPC expired on 9 June 1995. In view of this date, the appeal fee was paid in due time. The Office also received the letter addressed to the Treasury and Accounts Directorate of the EPO within this period. It emerges from the subsequent correspondence and the statements made during the oral proceedings that the appellant considered this letter to be the actual notice of appeal.

However, the content of the aforementioned letter relates only to the payment of the appeal fee and the letter gives the impression of being merely an accompanying letter. Apart from mentioning the "appeal fee relating to the aforementioned application", the letter does not contain any request identifying the contested decision and indicating the extent to which the amendment or cancellation of the decision is requested (see Rule 64(b) EPC). Nor does it explicitly indicate any firm intention to contest a given decision. Two questions must therefore be asked: has an appeal been filed in the present case and, if so, does the notice of appeal comply with the requirements of Rule 64 EPC?

The Convention does not expressly define the essential elements characterising an appeal which has been validly filed. It merely states that the appeal must be filed in writing and is not deemed to have been filed until after the fee for appeal has been paid (Article 108, second sentence, EPC). Furthermore, Rule 65 EPC indicates that all the requirements of Articles 106 to 108 and Rules 1(1) and 64 EPC must be fulfilled if the appeal is to be deemed admissible. Thus, these articles and rules assume the prior existence of an appeal. As a result, if one of the conditions laid down in Rule 65 were not to be fulfilled, the appeal would automatically be deemed inadmissible. It would not, however, be considered non-existent except for the legal fiction under Article 108, second sentence, EPC which does not concern the present case.

It is clear that the distinction between the inadmissibility and the non-existence of an appeal is not only theoretical in nature but also has legal consequences. In particular, an appeal only acquires suspensive effect in so far as an appeal exists. Moreover, a board of appeal is only required to decide on an appeal, as stipulated in Article 111 EPC, if an appeal has been referred to it, which therefore implies that an appeal exists. Where an appeal does not exist, the appeal fee is reimbursed automatically, which does not occur when an appeal is deemed inadmissible. The distinction between an appeal which is inadmissible and an action which does not constitute an appeal has already been the subject of several decisions of the boards of appeal. In decisions J 19/90 of 30 April 1992, points 2.1 ff of the reasons (not published in the OJ EPO), T 371/92, point 3.5 of the reasons (OJ EPO 1995, 324) and J 16/94, points 3 and 4 of the reasons (OJ EPO 1997, 331), the boards of appeal noted that the payment of the appeal fee did not in itself constitute the valid filing of an appeal. One of the main reasons for this was that no explicit and unequivocal statement had been made of the intention to contest a given decision by appealing against it.

In decisions J 19/90 and T 371/92, the applicants simply paid the appeal fee using EPO Form 1010 in which it was stated that the purpose of the payment was a "fee for appeal". A notice of appeal as defined in Rule 64 EPC had not been filed. The boards therefore concluded that an appeal had not been filed and directed that the appeal fee be reimbursed. In case J 16/94, a notice of appeal had been filed in due time but the appeal had been introduced in the form of an auxiliary request and thus conditionally. The Board took the view that a notice of appeal which does not express the definite intention to contest an appealable decision therefore does not comply with Article 108, first sentence, and Rule 64(b) EPC and will result in the appeal being deemed inadmissible. Moreover, the Board refused to reimburse the appeal fee. In a number of decisions (see for example T 925/91, OJ EPO 1995, 469) it was necessary to examine notices of appeal which contained various formal deficiencies. In these cases, however, the statement of the intention to file an appeal had not even been called into question.

The present board accepts the principle that an appeal can only be considered validly filed if it includes a statement of the intention to file an appeal. In fact, such a statement is generally considered to be one of the conditions determining the validity of legal actions. Nevertheless, none of the decisions mentioned above applies directly to the present case. The above-mentioned decisions J 19/90 and T 371/92 differ from the present case in that only a form for the payment of the fee was submitted and not a letter. The other decisions mentioned above related to cases where an appeal had clearly been filed but was subject to certain conditions or was affected by other formal deficiencies.

In the present case, the appellant stated during the oral proceedings that its letter had been written with the intention of filing an appeal against the decision revoking its patent. According to the appellant, there was no doubt that the notice of appeal was valid and it ought to have been clear that the purpose of the appeal was to achieve the revocation of the decision in its entirety. None of the respondents had contested this evidence given by the appellant. As a result the board finds that the appellant effectively intended to file an appeal and the said letter should be considered as evidence of this intention. Thus the board considers that the letter constitutes a notice of appeal and that an appeal has therefore been filed.

5. Admissibility of the appeal

Nevertheless, although the appeal has been filed it must fulfil all the formal requirements of Articles 106 to 108 and Rules 1(1) and 64 EPC. Since the wording of the letter which constitutes the notice of appeal refers exclusively to the payment of the appeal fee, the problem arises as to whether the appeal complies with Rule 64(b) EPC which stipulates that the notice of appeal should contain a statement identifying the decision which is impugned and the extent to which amendment or cancellation of the decision is requested.

According to the case law of the boards of appeal, it is possible to identify the contested decision from the file and to infer the extent to which amendment or cancellation of the decision is requested from the nature of the decision in question. However, it is not appropriate to apply this case law to the present case because the case law of the boards of appeal assumes that an explicit and unequivocal statement of a definite (ie firm) intention to contest the decision is made in the notice of appeal. This is where the present case differs from the other decisions of the boards of appeal. In these decisions the boards of appeal inferred from the file the intention to file an appeal and the notice of appeal was deemed admissible although the scope of the appeal was not indicated explicitly (see for example T 925/91, OJ EPO 1995, 469).

In its defence, the appellant argued that there was only one possible interpretation, namely that it intended to file an appeal with the aim of revoking the decision in its entirety. However, this argument ignores the fact that the letter, when viewed objectively, can be interpreted otherwise. The letter could merely be considered as a letter accompanying the form for the payment of fees and costs, written without any intention of filing simultaneously a notice of appeal. Adopting such a course of action could be appropriate for various reasons. For instance, it gives the appellant the opportunity of having the appeal fee reimbursed up to the last day of the time limit for filing the notice of appeal.

The present case is in fact similar to a situation where an appeal is filed conditionally. As such it is not admissible under Rule 64(b) EPC (see J 16/94) because the letter only alludes to an appeal, does not contain an explicit and unequivocal statement expressing a definite intention to contest an appealable decision and does not indicate the extent to which amendment or cancellation of the decision is requested. Owing to the form and content of the notice of appeal, the aim of the appeal is unclear. The appeal is therefore inadmissible for the same reasons as in case J 16/94.

6. Conclusion

Although the appeal is deemed to have been filed, the notice of appeal does not comply with the requirements of Rule 64(b) EPC. Where a formal deficiency of this kind arises, Rule 65(1) EPC provides that the appeal be rejected as inadmissible. The decision must therefore allow the requests of the respondents with regard to the inadmissibility of the appeal. The auxiliary request concerning the referral of the matter to the Enlarged Board of Appeal is accordingly rendered invalid.

Order

ORDER

For these reasons it is decided as follows:

The appeal is rejected as inadmissible.

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