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 Inventors 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
      • Technologies
      • Innovation actors
      • Policy and funding
      • Tools
      • About the Observatory
    • Procurement
      • Overview
      • Procurement forecast
      • Doing business with the EPO
      • Procurement procedures
      • Sustainable Procurement Policy
      • About eTendering and electronic signatures
      • Procurement portal
      • Invoicing
      • General conditions
      • Archived tenders
    • Transparency portal
      • Overview
      • General
      • Human
      • Environmental
      • Organisational
      • Social and relational
      • Economic
      • Governance
    • Statistics and trends
      • Overview
      • Statistics & Trends Centre
      • Patent Index 2024
      • EPO Data Hub
      • Clarification on data sources
    • History
      • Overview
      • 1970s
      • 1980s
      • 1990s
      • 2000s
      • 2010s
      • 2020s
    • Art collection
      • Overview
      • The collection
      • Let's talk about art
      • Artists
      • Media library
      • What's on
      • Publications
      • Contact
      • Culture Space A&T 5-10
      • "Long Night"
    Image
    Patent Index 2024 keyvisual showing brightly lit up data chip, tinted in purple, bright blue

    Track the latest tech trends with our Patent Index

 
en de fr
  • Language selection
  • English
  • Deutsch
  • Français
Main navigation
  • Homepage
    • Go back
    • New to patents
  • New to patents
    • Go back
    • Your business and patents
    • Why do we have patents?
    • What's your big idea?
    • Are you ready?
    • What to expect
    • How to apply for a patent
    • Is it patentable?
    • Are you first?
    • Patent quiz
    • Unitary patent video
  • Searching for patents
    • Go back
    • Overview
    • Technical information
      • Go back
      • Overview
      • Espacenet - patent search
        • Go back
        • Overview
        • National patent office databases
        • Global Patent Index (GPI)
        • Release notes
      • European Publication Server
        • Go back
        • Overview
        • Release notes
        • Cross-reference index for Euro-PCT applications
        • EP authority file
        • Help
      • EP full-text search
    • Legal information
      • Go back
      • Overview
      • European Patent Register
        • Go back
        • Overview
        • Release notes archive
        • Register documentation
          • Go back
          • Overview
          • Deep link data coverage
          • Federated Register
          • Register events
      • European Patent Bulletin
        • Go back
        • Overview
        • Download Bulletin
        • EP Bulletin search
        • Help
      • European Case Law Identifier sitemap
      • Third-party observations
    • Business information
      • Go back
      • Overview
      • PATSTAT
      • IPscore
        • Go back
        • Release notes
      • Technology insight reports
    • Data
      • Go back
      • Overview
      • Technology Intelligence Platform
      • Linked open EP data
      • Bulk data sets
        • Go back
        • Overview
        • Manuals
        • Sequence listings
        • National full-text data
        • European Patent Register data
        • EPO worldwide bibliographic data (DOCDB)
        • EP full-text data
        • EPO worldwide legal event data (INPADOC)
        • EP bibliographic data (EBD)
        • Boards of Appeal decisions
      • Web services
        • Go back
        • Overview
        • Open Patent Services (OPS)
        • European Publication Server web service
      • Coverage, codes and statistics
        • Go back
        • Weekly updates
        • Updated regularly
    • Technology platforms
      • Go back
      • Overview
      • Plastics in transition
        • Go back
        • Overview
        • Plastics waste recovery
        • Plastics waste recycling
        • Alternative plastics
      • Innovation in water technologies
        • Go back
        • Overview
        • Clean water
        • Protection from water
      • Space innovation
        • Go back
        • Overview
        • Cosmonautics
        • Space observation
      • Technologies combatting cancer
        • Go back
        • Overview
        • Prevention and early detection
        • Diagnostics
        • Therapies
        • Wellbeing and aftercare
      • Firefighting technologies
        • Go back
        • Overview
        • Detection and prevention of fires
        • Fire extinguishing
        • Protective equipment
        • Post-fire restoration
      • Clean energy technologies
        • Go back
        • Overview
        • Renewable energy
        • Carbon-intensive industries
        • Energy storage and other enabling technologies
      • Fighting coronavirus
        • Go back
        • Overview
        • Vaccines and therapeutics
          • Go back
          • Overview
          • Vaccines
          • Overview of candidate therapies for COVID-19
          • Candidate antiviral and symptomatic therapeutics
          • Nucleic acids and antibodies to fight coronavirus
        • Diagnostics and analytics
          • Go back
          • Overview
          • Protein and nucleic acid assays
          • Analytical protocols
        • Informatics
          • Go back
          • Overview
          • Bioinformatics
          • Healthcare informatics
        • Technologies for the new normal
          • Go back
          • Overview
          • Devices, materials and equipment
          • Procedures, actions and activities
          • Digital technologies
        • Inventors against coronavirus
    • Helpful resources
      • Go back
      • Overview
      • First time here?
        • Go back
        • Overview
        • Basic definitions
        • Patent classification
          • Go back
          • Overview
          • Cooperative Patent Classification (CPC)
        • Patent families
          • Go back
          • Overview
          • DOCDB simple patent family
          • INPADOC extended patent family
        • Legal event data
          • Go back
          • Overview
          • INPADOC classification scheme
      • Asian patent information
        • Go back
        • Overview
        • China (CN)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Chinese Taipei (TW)
          • Go back
          • Overview
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • India (IN)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
        • Japan (JP)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Korea (KR)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Russian Federation (RU)
          • Go back
          • Overview
          • Facts and figures
          • Numbering system
          • Searching in databases
        • Useful links
      • Patent information centres (PATLIB)
      • Patent Translate
      • Patent Knowledge News
      • Business and statistics
      • Unitary Patent information in patent knowledge
  • Applying for a patent
    • Go back
    • Overview
    • European route
      • Go back
      • Overview
      • European Patent Guide
      • Oppositions
      • Oral proceedings
        • Go back
        • Oral proceedings calendar
          • Go back
          • Calendar
          • Public access to appeal proceedings
          • Public access to opposition proceedings
          • Technical guidelines
      • Appeals
      • Unitary Patent & Unified Patent Court
        • Go back
        • Overview
        • Unitary Patent
          • Go back
          • Overview
          • Legal framework
          • Main features
          • Applying for a Unitary Patent
          • Cost of a Unitary Patent
          • Translation and compensation
          • Start date
          • Introductory brochures
        • Unified Patent Court
      • National validation
      • Extension/validation request
    • International route
      • Go back
      • Overview
      • Euro-PCT Guide
      • Entry into the European phase
      • Decisions and notices
      • PCT provisions and resources
      • Extension/validation request
      • Reinforced partnership programme
      • Accelerating your PCT application
      • Patent Prosecution Highway (PPH)
        • Go back
        • Patent Prosecution Highway (PPH) programme outline
      • Training and events
    • National route
    • MyEPO services
      • Go back
      • Overview
      • Understand our services
        • Go back
        • Overview
        • Exchange data with us using an API
          • Go back
          • Release notes
      • Get access
        • Go back
        • Overview
        • Release notes
      • File with us
        • Go back
        • Overview
        • What if our online filing services are down?
        • Release notes
      • Interact with us on your files
        • Go back
        • Release notes
      • Online Filing & fee payment outages
    • Fees
      • Go back
      • Overview
      • European fees (EPC)
        • Go back
        • Overview
        • Decisions and notices
      • International fees (PCT)
        • Go back
        • Reduction in fees
        • Fees for international applications
        • Decisions and notices
        • Overview
      • Unitary Patent fees (UP)
        • Go back
        • Overview
        • Decisions and notices
      • Fee payment and refunds
        • Go back
        • Overview
        • Payment methods
        • Getting started
        • FAQs and other documentation
        • Technical information for batch payments
        • Decisions and notices
        • Release notes
      • Warning
    • Forms
      • Go back
      • Overview
      • Request for examination
    • Find a professional representative
  • Law & practice
    • Go back
    • Overview
    • Legal texts
      • Go back
      • Overview
      • European Patent Convention
        • Go back
        • Overview
        • Archive
          • Go back
          • Overview
          • Documentation on the EPC revision 2000
            • Go back
            • Overview
            • Diplomatic Conference for the revision of the EPC
            • Travaux préparatoires
            • New text
            • Transitional provisions
            • Implementing regulations to the EPC 2000
            • Rules relating to Fees
            • Ratifications and accessions
          • Travaux Préparatoires EPC 1973
      • Official Journal
      • Guidelines
        • Go back
        • Overview
        • EPC Guidelines
        • PCT-EPO Guidelines
        • Unitary Patent Guidelines
        • Guidelines revision cycle
        • Consultation results
        • Summary of user responses
        • Archive
      • Extension / validation system
      • London Agreement
      • National law relating to the EPC
        • Go back
        • Overview
        • Archive
      • Unitary Patent system
        • Go back
        • Travaux préparatoires to UP and UPC
      • National measures relating to the Unitary Patent 
    • Court practices
      • Go back
      • Overview
      • European Patent Judges' Symposium
    • User consultations
      • Go back
      • Overview
      • Ongoing consultations
      • Completed consultations
    • Substantive patent law harmonisation
      • Go back
      • Overview
      • The Tegernsee process
      • Group B+
    • Convergence of practice
    • Options for professional representatives
  • News & events
    • Go back
    • Overview
    • News
    • Events
    • European Inventor Award
      • Go back
      • Overview
      • 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
      • Technologies
        • Go back
        • Overview
        • Innovation against cancer
        • Assistive robotics
        • Space technologies
      • Innovation actors
        • Go back
        • Overview
        • Startups and SMEs
          • Go back
          • Overview
          • Publications
        • Research universities and public research organisations
      • Policy and funding
        • Go back
        • Overview
        • Financing innovation programme
          • Go back
          • Overview
          • Our studies on the financing of innovation
          • EPO initiatives for patent applicants
          • Financial support for innovators in Europe
        • Patents and standards
          • Go back
          • Overview
          • Publications
          • Patent standards explorer
      • Tools
        • Go back
        • Overview
        • Deep Tech Finder
      • About the Observatory
        • Go back
        • Overview
        • Work plan
    • Transparency portal
      • Go back
      • Overview
      • General
        • Go back
        • Overview
        • Annual Review 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 0381/97 (Milking/MAASLAND) 26-04-1999
Facebook X Linkedin Email

T 0381/97 (Milking/MAASLAND) 26-04-1999

European Case Law Identifier
ECLI:EP:BA:1999:T038197.19990426
Date of decision
26 April 1999
Case number
T 0381/97
Petition for review of
-
Application number
91108078.6
IPC class
A01J 7/00
Language of proceedings
EN
Distribution
DISTRIBUTED TO BOARD CHAIRMEN (C)

Download and more information:

Decision in EN 31.37 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

An implement for milking an animal

Applicant name
Maasland N.V.
Opponent name
Prolion B.V.
Board
3.2.04
Headnote
-
Relevant legal provisions
European Patent Convention Art 100(b) 1973
European Patent Convention Art 100(c) 1973
European Patent Convention Art 56 1973
European Patent Convention Art 76(1) 1973
European Patent Convention Art 83 1973
Keywords

New grounds for opposition - not considered

New documents considered - no referral to the first instance

Catchword
-
Cited decisions
G 0010/91
Citing decisions
-

I. An opposition based upon Article 100(a) EPC was filed against the European patent No. 448 132. This patent is based on the European patent application No. 91 108 078.6 filed as a divisional application of the earlier European patent application No. 88 201 585.2 claiming the Dutch priority of 23 July 1987 and published under the publication number EP-A-300 582.

The opposition was rejected by the decision of the opposition division dispatched on 5 February 1997. In the decision, the opposition division considered the subject-matter of the independent Claim 1 of the patent as granted as involving an inventive step.

Claim 1 of the patent as granted reads as follows:

"1. An implement for milking an animal, for example a cow, which implement includes a milking parlour with a milking robot having a robot arm (7) carrying near its end one or more teat cups (80), and furthermore detection means (75) for generating a horizontally or practically horizontally directed beam, by means of which the position of one or more teats of the animal's udder can be established, characterized in that the detection means comprise a sensor (77) transmitting an upwardly directed beam and a reflecting element (78) for said upwardly directed beam to realize said horizontally or practically horizontally directed beam, the sensor (77) and/or the reflecting element (78) being movable about a substantially vertical axis."

II. On 3 April 1997 the appellant (opponent) lodged an appeal against this decision and simultaneously paid the appeal fee. A statement setting out the grounds of appeal was received on Monday 16 June 1997.

III. With the statement setting out the grounds of appeal the appellant raised inter alia objections concerning insufficiency of the disclosure of the patent (Article 100(b) EPC).

With the letter (facsimile) dated 22 April 1999 the appellant also raised objections under Article 100(c) EPC.

With the letter (facsimile) dated 23 April 1999 the respondent (proprietor) referred to the opinion of the Enlarged Board of Appeal in case G 10/91 and requested that the objections raised by the appellant with respect to Article 100(b) and (c) EPC be disregarded.

IV. Oral proceedings were held on 26 April 1999.

V. The appellant requested that the impugned decision be set aside and that the patent be revoked (main request).

The appellant also put forward the following auxiliary request:

"If the board maintains the patent, the board is requested to rule that due to Articles 76(1) and 83 the scope of the claims is to be read such that

- the detection means are on the upper side of the robot arm near the end thereof, and

- the sensor is provided with the reflecting element that is pivotable or rotatable about a substantially vertical axis."

VI. The respondent requested that the appeal be dismissed.

The respondent also requested that, if documents US-A-4 530 077 (D9), EP-A-148 952 (D10) or EP-A-209 202 (D11) were to be admitted into the proceedings, then the case be remitted to the first instance.

VII. With respect to its main request, the appellant argued that the subject-matter of Claim 1 of the patent as granted did not involve an inventive step. In this respect the appellant based its arguments essentially upon documents EP-A-91 892 (D1), NL-A-8 503 580 (D2), EP-A-229 682 (D4) and also referred to documents DE-A-3 115 313 (D5), D9, D10, D11 and to the article of Karl-Ernst Biehl, "Ultraschall-Entfernungssensor" in Elektronik 26/30.12.1983, pages 113 to 115 (D8).

With respect to its auxiliary request, the appellant submitted that this request was the consequence of the disagreement expressed by the respondent with regard to the introduction of the grounds for opposition according to Articles 100(b) and (c) EPC.

1. The appeal is admissible. Objections made in written proceedings in this respect were not maintained in the oral proceedings.

2. Fresh grounds for opposition

According to the opinion of the Enlarged Board of Appeal in case G 10/91 (OJ EPO 1993, 420), fresh grounds for opposition may be considered in appeal proceedings only with the approval of the patentee (see section 18).

In the present case, the respondent not only requested during the written phase of the proceedings that the objections raised by the appellant with respect to Article 100(b) and (c) EPC be disregarded (see the above section III) but also expressly confirmed during the oral proceedings its disagreement for the introduction of fresh grounds for oppositions.

Therefore, the objections under Articles 100(b) and (c) EPC raised by the appellant are not considered in this appeal proceedings.

3. The subject-matter of Claim 1 of the patent as granted

3.1. Claim 1 specifies in the pre-characterising portion the feature that there are provided "detection means for generating a horizontally or practically horizontally directed beam, by means of which the position of one or more teats of the animal's udder can be established" (hereinafter feature a).

According to the first feature in the characterising portion (hereinafter feature b) "the detection means comprise a sensor (77) transmitting an upwardly directed beam and a reflecting element (78) for said upwardly directed beam to realize said horizontally or practically horizontally directed beam".

The characterising portion of the claim also specifies the feature "the sensor (77) and/or the reflecting element (78) being movable about a substantially vertical axis" (hereinafter feature c).

3.2. Features a, b and c, when read together, define a 'scanning' beam, i.e. a horizontally (or practically horizontally) directed beam suitable for performing a swinging movement about a substantially vertical axis, this beam being suitable for scanning a disc-shaped portion of the space in which one or more teats of the animal's udder can be found in order to establish its or their position.

This also means that the horizontally (or practically horizontally directed) beam is a rather directional signal having little degree of divergence.

In this context, it is clear from the description of the patent (column 5, lines 41 to 51) that the reflecting element 78 can be turned about a substantially vertical axis by means of an operating motor so that a disc-shaped portion of the space can be scanned by the reflected beam, this disc-shaped portion being approximately either a flat plane located perpendicular to the rotational axis of the reflecting element or a conical surface having this axis as its axis of symmetry.

Thus, features a, b and c implicitly define the position of the vertical axis about which the 'scanning' (i.e. the horizontal) beam rotates. In other words, the position of the vertical axis substantially corresponds to that of the upwardly directed beam. This was also confirmed by the respondent during the oral proceedings.

3.3. According to feature a, the position of one or more teats can be established by means of the horizontal (or practically horizontal) beam. It is clear from the description of the patent (column 5, lines 28 to 35) that the 'scanning' beam permits the determination of the position of the teat by calculating the distance between the sensor and the teat knowing the data as to the direction (i.e. the angular position) of the "scanning" beam.

3.4. Having regard to the comments in sections 3.2 and 3.3 above, it is clear that the swinging movement of the "scanning beam" is produced by the swinging movement of the reflecting element 78 about the substantially vertical axis. It is also clear that the rotation of the sensor 77 transmitting the upwardly directed beam cannot produce any swinging movement of the horizontal (or practically horizontal) beam reflected by the reflecting element 78 without rotation of the reflecting element itself.

Thus, it has to be considered that the expression "the sensor (77) and/or the reflecting element (78) being movable..." (emphasis added) can only define two alternatives, namely a first alternative according to which only the reflecting element rotates about the vertical axis and a second one according to which the reflecting element and the sensor (i.e. as an unity) rotate about the vertical axis.

A third alternative according to which only the sensor 77. rotates about the vertical axis - although formally possible on the basis of the term "and/or" - is not realistic.

3.4.1. The board cannot accept the argument of the respondent according to which the swinging movement of the reflected beam can be obtained by the rotation of the sensor 77 without rotation of the reflector 78, provided that the upwardly beam transmitted by the sensor 77 has a square or rectangular cross section.

Firstly, the board does not consider this explanation of the respondent as being plausible. Secondly this explanation is not supported by the description of the patent, which does not refer to a vertical beam having a square or rectangular cross section.

3.5. By means of the detection means a flat portion of the space in a horizontal (or practically horizontal) plane can be scanned so as to check whether one or more teats are located therein. It is clear from the description of the patent (see for instance column 9, lines 8 to 12) that, if nothing is found in the scanned portion of the space, the detection means as a whole will be moved upwardly in order to scan again in a higher horizontal plane.

4. The prior art

4.1. Document EP-A-91892 (D1) discloses a milking implement including a milking parlour with a milking robot having an arm suitable for carrying near its end four teat cups, a detection means being provided by means of which the position of the teats of the animal's udder in lateral and longitudinal direction can be established, the detection means comprising a first double sensor means 14 (see page 10, line 16 to page 11, line 1; Figure 5) for sensing the position of the teats in lateral and longitudinal directions and a second sensor means 18 for sensing the position of the teats in the vertical direction.

Document D1 does not provide explicit information concerning of how the first sensor means operates. However, the description of the patent in suit referring to this document (see column 1, lines 12 to 21) states that the first double sensor means generate large beams in a horizontal or practically horizontal direction.

4.2. Document D2 (for the English equivalent, see document EP-A-232 568, Figures 1 to 6, column 2, line 37 to column 5, line 49) discloses a milking implement including a milking parlour with a milking robot having an arm suitable for carrying near its end four teat cups, a detection means being provided by means of which the position of the teats of the animal's udder in lateral and longitudinal direction can be established, the detection means comprising a first sensor unit 3 and a second sensor unit 4 disposed at right angles with respect to each other in a horizontal or practically horizontal plane, each sensor unit comprising a transmitter 8, 9, which generates an expanded beam of ultrasonic waves and transmits the ultrasonic waves in a horizontal or practically horizontal plane, and a receiver 12, 11 for the reception of the ultrasonic waves reflected by the teat to be detected (see Figure 2). It is also clear that each sensor unit is suitable for determining the distance between the sensor unit and the teat so that the two sensor units permit the determination of the position of the teat.

4.3. Document D4 discloses a milking implement including a detection means by means of which the position of a teat in a three-dimensional region located above the detection means can be established. This detection means comprises a sensor 31 transmitting a horizontally directed beam, a concave reflecting element 34 giving the horizontal beam a vertical direction, the sensor 31 and the reflecting element 34 being rotatable about a first horizontal axis (i.e. the axis 37 which is parallel to the beam transmitted by the sensor 31) and about a second horizontal axis (i.e. the axis 35 which is perpendicular to the beam transmitted by the sensor 31) so that the detection means is capable of scanning a cone portion of the space above it, e.g. by zigzagging this portion (see page 6, line 35 to page 7, line 17; Figure 3).

4.4. Document D8 concerns ultrasonic sensors suitable for measuring the distance between the ultrasonic emitter ("Ultraschallwandler") and a target ("Zielobject"), see particularly the figure on page 115 (Bild 3).

One of these sensors comprises a housing for the ultrasonic transducer and a rotatable reflector mounted on the top end of the housing. The reflector rotates in order to set the direction of the reflected ultrasonic beam.

It has to be assumed that this sensor is not suitable for scanning a flat portion of the space. This finding was agreed by both parties during the oral proceedings.

4.5. Document D5 concerns an ultrasonic device for medical use comprising ultrasonic transducers 4, 5 and a flat reflector 101 reflecting the beams emitted by the transducers, the reflector being rotatable, the beams covering a flat portion of the space having the shape of a sector. This device is suitable for forming an image of the sector-shaped portion covered by the beams.

4.6. Document D9 concerns ultrasonic sensors comprising a ultrasonic transducer emitting a narrow ultrasonic beam and a convex reflecting surface (namely a conical surface) expanding the narrow beam.

According to Figure 4 of this document, the conical reflector is rotatably driven about its axis. However the rotation of the reflector does not result in providing a 'scanning' beam but in the change of the configuration of the reflected beam (see column 3, liners 44 to 51).

4.7. Document D10 relates to an ultrasonic sensor suitable for scanning a flat portion of the space in order to determine the position of an object. This sensor comprising an ultrasonic transducer (transmitting/receiving element) emitting an ultrasonic beam scanning directly (either by translating or by rotating) a flat portion of the space without there being any reflection of the scanning beam by a reflecting element.

4.8. Document D11 concerns an implement for milking an animal including a detection means by means of which the position of a teat in a three-dimensional region located above the detection means can be established, the detection means comprising a transducer transmitting an upwardly directed beam. No reflecting element for the beam emitted by the transducer is provided, the transducer itself being pivotable about two perpendicular axis x, y lying in a substantially horizontal plane.

5. Novelty

The subject-matter of Claim 1 is novel. Novelty was not disputed.

6. The closest prior art and the problem to be solved

6.1. The closest prior art is the milking implement known from document D2 (see the above section 4.2) whose content corresponds to the preamble of Claim 1.

6.1.1. Although in the description of the patent it is acknowledged that document D1 corresponds to the preamble of Claim 1, this document is less relevant than document D2, not only because it does not contain explicit information concerning the method used to determine the position of the teats but also because it clearly defines a third sensor for detecting the vertical position of the teats.

6.1.2. Document D4 is less relevant than documents D1 and D2 because it relates to a milking implement comprising a sensor by means of which the entire udder of the animal is scanned from below, i.e. from a position lower than the teats.

6.2. The ultrasonic sensors used in the implement known from document D2 are not suitable for emitting a 'directional' beam. In other words, none of these sensors is suitable for 'scanning' a flat portion of the space, so that both ultrasonic sensors are necessary to determine the position of a teat of the animal's udder.

6.3. The subject-matter of Claim 1 of the patent as granted is distinguished from this prior art by the features specified in the characterising portion which - having regard to the comments in the above sections 3.2 to 3.4 - define

(a) a detection means generating a 'directional' beam which is horizontally directed, this 'directional' beam being rotatable along a substantially vertical axis so that the beam can 'scan' a flat portion of the space, and

(b) a detection means comprising a sensor transmitting an upwardly directed beam and a reflecting element for the upwardly directed beam to realize the horizontally or practically horizontally directed beam, wherein (in order to obtain a 'scanning' beam) at least the reflecting element is movable (i.e. rotatable) about a substantially vertically axis.

The feature under item (a), i.e. the fact that a 'directional' beam performs a 'scanning' movement, make the use of a single detecting means for establishing the position of one or more teats of the animal's udder possible.

The features under item (b) permit the improvement of the milking implement with respect to the compactness of the detection means.

6.3.1. Thus, the problem to be solved is to improve the milking implement by providing simple and effective detection means in a compact mounting arrangement.

7. Inventive step

7.1. Starting from the milking implement according to document D2, the solution of this problem requires two steps.

A first step which corresponds to feature (a) consists in the change of the detection method. The implement according to document D2 makes use of two transducers emitting wide beams, each of the beams covering a flat portion of space in a horizontal plane, such that the two transducers permit the determination of the position of a teat by measuring the distances between the teat and each of the transducers. Besides, according to Claim 1 of the patent in suit, a sensor emitting a narrow directional beam is provided, which may rotate about a vertical axis and thus is suitable for 'scanning' a sector shaped portion, such that the position of the teat may be determined by measuring the angular position of the beam when it detects the presence of a teat and the distance between the detected teat and the sensor.

The second step corresponds to the features under item (b) and consists in achieving a constructive arrangement allowing the rotation of a directional beam about a vertical axis.

Thus, the two steps are not independent of each other, step (b) requiring that the step (a) be made first.

7.2. The appellant asserted that the characterising features of Claim 1 can be derived from document D4 in so far as this document discloses a detection means providing a directional 'scanning' beam which is rotatable about a first axis (so that the beam can 'scan' a portion of the space), the directional beam being emitted by a sensor 31 transmitting the beam in a horizontal direction and then deviated by a reflector which is rotatable about an axis 37 which is parallel to the horizontal beam transmitted by the sensor 31, and argued that the combination of this disclosure with that of document D2 (or D1) would lead to the claimed solution.

The board cannot accept this argument of the appellant, because document D4 concerns a method of sensing the position of the teats of the animal's udder which is essentially based upon the idea of scanning the entire udder from below, the end of a teat being the object closer to the sensor and its three-dimensional position being established knowing the distance between the teat and the sensor and the angular positions of the 'scanning' beam relative to two horizontal axes which are perpendicular to each other (see page 7, lines 24 to 32). This essential idea is also reflected by the independent claim 1 of document D4 according to which "the udder is scanned from a position lower than the teats ..., the extreme end of a teat being recognized because the sensor-to-end-of-the-teat distance is less than the perceived distance to other parts of the udder located near said teat end" (see page 9, lines 5 to 10).

If the skilled person were to combine this disclosure with the closest prior art, he would be guided by the basic idea of document D4 and, thus, arrange on the implement known from document D2 (or on that known from document D1) a sensor scanning the udder from below.

Therefore, the combination of the disclosure of document D4 with the content of document D2 (or D1) does not allow the skilled person to arrive at the claimed solution in an obvious manner.

7.3. Having regard to the comments in the above sections 4.4 to 4.8, documents D8, D5 and D9 to D11 are less relevant than document D4.

Indeed, neither document D8 nor document D11 can lead to the claimed solution, because document D8 does not imply a scanning in the meaning of the present patent but only a setting and a measuring, and document D11 teaches to scan the udder form below.

Moreover, document D9 is not concerned with a 'scanning' beam and document D10 does not disclose any reflector element. Therefore, also these documents cannot lead to the claimed solution.

Document D5 clearly relates to an ultrasonic scanning device of the type used in an ultrasonic diagnostic apparatus which is suitable for forming a tomogram of a part of the human body. Since this document has no link either to the general problem concerning the determination of the position of an object in a plane or to the specific problem concerning the mounting arrangement of a detection means in a milking implement (see the above section 6.3.1), it cannot lead to the claimed solution.

7.4. Having regard to the above comments, the board finds that the subject-matter of the independent Claim 1 is not obvious to a person skilled in the art and that the subject-matter of the independent Claim 1 involves an inventive step as required by Article 56 EPC.

8. The auxiliary request of the appellant

Auxiliarily, the appellant requested the board to interpret the claims, i.e. to determine their scope, on the basis of Articles 76(1) and 83 EPC (see the above section V).

Articles 76(1) EPC defines the relationship between subject-matter of a divisional application and the content of the earlier application as filed ("[A divisional application] may be filed only in respect of subject-matter which does not extend beyond the content of the earlier application"); Article 83 EPC relates to the sufficiency of the disclosure of an European patent application ("The European patent application must disclose the invention sufficiently clear and complete ... "). Thus, Articles 76(1) and 83 EPC correspond to Articles 100(c) and (b) EPC, in so far as Article 100(c) EPC defines the relationship between the subject-matter of the patent granted on a divisional application and the content of the earlier application and Article 100(b) EPC relates to the sufficiency of the disclosure of the European patent.

Thus, the auxiliary request of the appellant in fact requires that fresh grounds (Article 100(b) and (c) EPC) for opposition are considered in appeal proceedings (see the comments in the above section 2) in order to be able to give the wording of Claim 1 a restricted meaning.

In other words, if the auxiliary request of the appellant were to be examined in substance, objections based upon fresh grounds of oppositions would be considered in appeal proceedings without there being the approval of the respondent.

Therefore, and particularly in view of the above section 2, the auxiliary request of the appellant is rejected.

9. The respondent's request to remit the case to the first instance, if documents D9 to D11 were to be admitted into the proceedings, became superfluous now that the board decided to dismiss the appeal.

Order

ORDER

For these reasons it is decided that:

The appeal is dismissed.

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