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
      • About the Observatory
      • Our activities
      • Our topics
      • Our partners and networks
      • Financing innovation programme
      • Digital library
      • Data desk
    • 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
  • New to patents
    • Go back
    • Overview
    • What's your big idea?
    • Are you ready?
    • What to expect
    • How to apply for a patent
    • Your business and patents
    • Is it patentable?
    • Are you first?
    • Why do we have patents?
    • Patent quiz
    • Unitary patent video
  • Searching for patents
    • Go back
    • Overview
    • Technical information
      • Go back
      • Overview
      • Espacenet - patent search
        • Go back
        • Overview
        • National patent office databases
        • Global Patent Index (GPI)
        • Release notes
      • European Publication Server
        • Go back
        • Overview
        • 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
        • Patents and standards
        • Artificial intelligence
        • Fourth Industrial Revolution
      • Additive manufacturing
        • Go back
        • Overview
        • About AM
        • AM innovation
      • Books by EPO experts
    • Podcast
  • Learning
    • Go back
    • Overview
    • 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
      • About the Observatory
      • Our activities
      • Our topics
      • Our partners and networks
      • Financing innovation programme
        • Go back
        • Overview
        • Our studies on the financing of innovation
        • EPO initiatives for patent applicants
        • Financial support for innovators in Europe
      • Digital library
      • Data desk
        • Go back
        • Overview
    • 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 0733/98 (Admissibility of the Appeal/SUMITOMO) 14-12-1999
Facebook X Linkedin Email

T 0733/98 (Admissibility of the Appeal/SUMITOMO) 14-12-1999

European Case Law Identifier
ECLI:EP:BA:1999:T073398.19991214
Date of decision
14 December 1999
Case number
T 0733/98
Petition for review of
-
Application number
93103502.6
IPC class
H01L 39/24
Language of proceedings
EN
Distribution
DISTRIBUTED TO BOARD CHAIRMEN AND MEMBERS (B)

Download and more information:

Decision in EN 33.8 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

Method of producing superconducting wire

Applicant name
SUMITOMO ELECTRIC INDUSTRIES LIMITED
Opponent name
-
Board
3.4.03
Headnote
-
Relevant legal provisions
European Patent Convention Art 108 1973
European Patent Convention Art 122 1973
European Patent Convention Art 121 1973
European Patent Convention Art 113(2) 1973
European Patent Convention R 51(5) 1973
European Patent Convention R 51(4) 1973
Keywords

Admissibility (no): statement of the grounds - no reasons

Restitutio - all due care (no)

Main and auxiliary requests in grant procedure

Catchword

I. If an application is refused under Article 97 and Rule 51(5) EPC, on the grounds that the applicant neither communicated his approval of the text proposed for grant within the period according to Rule 51(4) EPC nor proposed amendments within the meaning of Rule 51(5) EPC within this period, a statement setting out the grounds of appeal which deals only with the issues of admissibility and allowability of new claims filed together with the statement does not meet the requirement of Article 108 EPC, third sentence.

II. The requirement of "all due care required by the circumstances" within the meaning of Article 122(1) EPC is not met if an applicant and his professional representative fail to realize that the procedural way in handling main and auxiliary requests as set out in Legal Advice 15/84, points 2.4 and 2.5, is no longer relevant after the amended Rule 51 EPC had entered into force on 1 September 1987.

Cited decisions
T 0234/86
T 0220/83
T 0493/95
T 0213/85
J 0022/86
T 0198/88
T 0182/89
Citing decisions
-

I. By its communication under Rule 51 (4) EPC dated 28. August 1997, the Examining Division informed the appellants (applicants) of the text in which it intended to grant a European patent and requested them to indicate, within a period of four months, their approval of the text notified. They were further informed that, subject to Rule 51(5) EPC, second sentence, the European patent application would be refused if they failed to communicate their approval within that period.

II. By its decision dated 5 February 1998, the Examining Division refused the European patent application in suit (Article 97(1) EPC; Rule 51(5) EPC, first sentence). The reasons for the decision under appeal were as follows: "No approval was received, nor any amendments to the claims, description or drawings proposed, within the period stipulated. There is thus no text to serve as a basis for the grant of a European patent (Article 113(2) EPC), and the application does not therefore meet the requirements of the Convention (Article 97(1) EPC)." The decision was accompanied by a written communication of the possibilities of further processing under Article 121 EPC or of appeal.

III. On 14 April 1998, the appellants filed a notice of appeal and paid the appeal fee at the same time. A statement setting out the grounds of appeal was filed on 10 June 1998. The statement dealt with formal and substantive issues in relation to new claims forming the appellant's main request and a first auxiliary request which had been filed together with the statement, but did not deal with the reasons given for the decision under appeal.

IV. By its communication dated 30 March 1999, the Board informed the appellants of its provisional opinion that the statement setting out the grounds of appeal did not meet the requirement of Article 108 EPC, third sentence.

V. The appellants replied on 9 June 1999. Alternatively, they requested to be re-instituted in the term for filing the written statement setting out the grounds of appeal. The fee for re-establishment of rights was paid at the same time.

VI. As an annex to the summons to attend oral proceedings, the Board sent a further communication to the appellants on 11 October 1999.

VII. On 15 November 1999, the appellants filed a statement in response to the annex.

VIII. On 14 December 1999, oral proceedings were held.

IX. The appellants requested that the decision under appeal be set aside and that a patent be granted on the basis of the following documents:

(a) Claims 1 to 16 filed on 10 June 1998 as main request,

(b) Claims 1 to 16 filed on 10 June 1998 as auxiliary request.

They also applied for re-establishment of rights under Article 122 EPC.

X. In their written submissions and during oral proceedings the appellants argued in essence as follows:

According to the communication under Rule 51(4) EPC, the Examining Division intended to grant a European patent with claim 1 (auxiliary request) of 14 May 1997, according to which a "molten mixture" was supplied inside of the pipe, whereas the appellants wanted the grant of a patent on the basis of claim 1 of the main request, where the mixture was not stated to be "molten", as had already been discussed previously with the Examining Division. Thus, the appellants preferred to wait for the issuance of a rejection in order to file an appeal.

This handling had been in agreement with the Legal Advice No. 15/84 of the EPO concerning main and auxiliary requests (OJ EPO 1984, 491). This Legal Advice had also been cited in the paper by Alexander Witte: "Hilfsanträge im deutschen und europäischen Patenterteilungs- und Beschwerdeverfahren", published in "Mitteilungen der deutschen Patentanwälte" 1997, Heft 9/10/97, pages 293/294.

The Legal Advice No. 15/84 had still been in force on 29. August 1997, when the communication under Rule 51(4) EPC dated 28 August 1997 was received by the appellants. The Legal Advice No. 15/98 (OJ EPO 1998, 113) was published after the communication had been issued and the term for a response had expired on 7. January 1998.

The term for filing the statement setting out the grounds of appeal expired on 15 June 1998. The date of the removal of the cause of non-compliance with the time limit had been 9 April 1999, i.e. when the appellants received the communication of the Board dated 30 March 1999. The term for filing a request for re-establishment of rights thus expired on 9 June 1999.

Even if the amendment of Rule 51 EPC entered into force on 1 September 1987, this amendment was silent about the handling of cases with main and auxiliary requests.

In decision T 234/86 (OJ EPO 1989, 79) the competent Board pointed out that the EPC did not clearly lay down the procedure to be followed in dealing with main and auxiliary requests.

The appellants did not want further processing of the present European patent application after its refusal but wanted to get a decision of the Board in a question which was several times and in detail discussed with the Examining Division. They did not request further processing of the present application since it was not to be expected that said further processing would have led to another result than the refusal of the application.

The request for further processing of the present European patent application with the consequent refusal of the patent application would not have been in agreement with the Legal Advice No. 15/84 concerning main and auxiliary requests in proceedings before the EPO for the grant of a European patent, which was still in force in September 1997. Also such a course of action would have been unnecessarily complicated and expensive since the right to get a decision of the Board would be granted only after a further processing of the application.

The appellants' proposed direct way of getting a decision of the Board was comparable with the EPO's established practice of delivering appealable interlocutory decisions under Article 106(3) EPC to maintain a patent as amended.

The Legal Advice No. 15/98 dealt under item 1.5b with the refusal of an applicant to agree to the version communicated and with his maintaining one of the preceding requests. Before its publication, the procedural way in handling main and auxiliary requests in the examination proceedings had not been laid down, and the procedural steps prescribed in this Legal Advice and in the "Guidelines for Examination" of July 1999 were neither in force nor known when the communication under Article 51(4) EPC for the European patent application in suit was issued on 28 August 1997.

Admissibility

1. According to established case law of the boards of appeal, the grounds of appeal should specify the legal and factual reasons on which the case for setting aside the decision under appeal is based (cf. T 220/83 [OJ EPO 1986, 249], point 4 of the reasons). The arguments must be clearly and concisely presented to enable the competent Board to understand immediately why the decision under appeal is alleged to be incorrect, and on what facts the appellant bases his arguments (cf. T 493/95 of 22 October 1996). From this it follows that, in order to be sufficient for the admissibility of an appeal, a statement setting out the grounds of appeal must deal with the reasons given for the decision under appeal (cf. T 213/85 [OJ EPO 1987, 482]). There are some exceptions to these principles (cf. "Case Law of the Boards of Appeal of the European Patent Office", 3rd edition 1998, Chapter VII, D, 7.5.2 to 7.5.5) which, however, do not apply to the present case.

2. The statement setting out the grounds of appeal does not deal with the reasons given for the decision under appeal (cf. point II above). Rather, the statement deals only with the issues of admissibility and allowability of new claims according to the appellant's requests, which were filed together with the statement. Consequently, the statement does not meet the requirement of Article 108 EPC, third sentence.

Re-establishment of rights

3. For the question of re-establishment of rights, the omitted act was the filing of a statement of the grounds of appeal within the time limit meeting the requirement of Article 108 EPC, third sentence.

4. The representative was informed in the communication of the Board dated 30 March 1999 that the statement setting out the grounds of appeal filed on 10 June 1998 did not appear to meet the requirement of Article 108 EPC, third sentence. The application for re-establishment of rights was filed on 9 June 1999, i.e. exactly two months after the above-mentioned communication was deemed to have been received and less than one year after the time limit for filing the statement of the grounds of appeal expired. Thus, the application for re-establishment of rights is filed within the time-limits specified in Article 122(2) EPC.

5. Setting aside the question whether the response filed with the application for re-establishment of rights can be regarded as a completion of the omitted act as required under Article 122(2), second sentence EPC and, consequently, whether the application for the re-establishment of rights is admissible, the Board finds, for the reasons which follow, that the requirement of "all due care required by the circumstances" under Article 122(1) EPC is not met, and therefore the application for re-establishment of rights has to be refused:

5.1. The application for re-establishment of rights is in essence based on the argument that the representative of the appellants handled the present case in good faith in accordance with the Legal Advice No. 15/84, point 2, concerning main and auxiliary requests in the procedure before the Examining Division.

5.2. The Legal Advice No. 15/84, point 2.6, refers to Rule 51(4) EPC in its previous version, hereinafter Rule 51(4) EPC (previous version), which was in force until 31 August 1987. Rule 51(4) EPC (previous version) provided: "Before the Examining Division decides to grant the European patent, it shall inform the applicant of the text in which it intends to grant it, and shall request to pay within three months the fees for [......]. If the applicant has communicated his disapproval of the patent being granted on the basis of this text within that period, the communication of the Examining Division shall be deemed not to have been made, and the examination shall be resumed."

5.3. The Legal Advice No. 15/84, points 2.4 and 2.5, is concerned with the situation when the Examining Division informs the applicant under Rule 51(4) EPC (previous version), first sentence, that a European patent may be granted in respect of a text according to an auxiliary request, but not in respect of a text according to a main request, and the applicant nevertheless decides to safeguard his rights by pursuing the text according to the main request, although he has been notified by the Examining Division of the grounds for refusal of the main request (cf. Legal Advice No. 15/84, point 2.2). From points 2.4 and 2.5. it follows that "in the event that the applicant neither submits a new text nor agrees to the version proposed by the Examining Division, the application will be refused in its entirety and the decision is then open to appeal", and that the decision to refuse the application "does not come as a surprise to the applicant in that he will have been notified beforehand of the grounds for such a decision (Article 113(1) EPC)". In the Board's judgement, this statement has to be interpreted as follows: If the applicant neither submits a new text nor agrees to the version proposed by the Examining Division within the time limit of three months under Rule 51(4) EPC (previous version), first sentence, the application according to the main request will be refused under Article 97(1) EPC. Thus, in the absence of a communicated approval or disapproval by the applicant, it was apparently assumed that the applicant's intention was to request the grant of a European patent on the basis of the text in accordance with the main request and that the provision of the second sentence of Rule 51(4) EPC (previous version) was brought into effect.

5.4. However, in decision J 22/86 of the Legal Board of Appeal (OJ EPO 1987, 280) it is held that a communication of disapproval by an applicant pursuant to Rule 51(4) EPC (previous version), second sentence, must be an express communication of disapproval and that, consequently, silence and inactivity do not constitute communication of the applicant's disapproval of the text, such as to bring the second sentence of Rule 51(4) EPC (previous version) into effect (cf. point 6 of the reasons).

5.5. As a consequence of decision J 22/86, Rule 51 EPC (previous version) was amended by the decision of the Administrative Council of 5 June 1987 (published in OJ EPO 1987, 276), which entered into force on 1 September 1987. Part C, Chapter VI, 15 of the "Guidelines for Examination in the European Patent Office" (Guidelines) relating to Rule 51 EPC was amended accordingly, and the amended text of Part C, Chapter VI, 15 of the Guidelines was reproduced in the "Notice from the EPO dated 24 June 1987 concerning amendment of the Guidelines for Examination in the European Patent Office" (published in OJ EPO 1987, 329). Moreover, in the "Information concerning amendment [to] the Guidelines for Examination in the European Patent Office (Part C)" (published in OJ EPO 1987, 387), the amendment to the Guidelines relating to Rule 51 EPC was discussed in detail.

5.6. In the present case, Rule 51 EPC as amended by the decision of the Administrative Council of 5 June 1987 (cf. point 5.5 supra) applies, and the amended text of Part C, Chapter VI, 15 of the Guidelines, reproduced in the Notice from the EPO dated 24 June 1987 (cf. point 5.5. supra), has to be taken into consideration. Although the Guidelines have been revised several times since 1987, the text of Part C, Chapter VI, 15.1 and 15.4. remained essentially unchanged. In Part C, Chapter VI, 15.1, all possible reactions of the applicant after receipt of the communication under Rule 51(4) EPC and their legal consequences are dealt with.

5.7. Rule 51(4) EPC provides that, before taking the decision to grant the European patent, the Examining Division "shall inform the applicant of the text in which it intends to grant it and shall request him to indicate, within a period to be set by it [....], his approval of the text notified". Subject to Rule 51(5) EPC, second sentence, the European patent application shall then be refused pursuant to Rule 51(5) EPC, first sentence, if the applicant fails to communicate his approval within that period. The same applies if within that period he expressly states that he does not approve the text but fails to suggest any amendments, since no text on the basis of which the patent can be granted then exists (cf. Part C, Chapter VI, 15.1.1 of the Guidelines). In both cases, the European patent application shall be refused under Article 97(1) EPC because it does not meet the requirement of Article 113(2) EPC. However, this legal consequence shall be retracted if the applicant, in accordance with Part C, Chapter VI, 15.4 of the Guidelines, requests further processing under Article 121 EPC, which implies inter alia that the omitted act, i.e. either the express approval of the text notified or the proposal of amendments to that text, is completed within two months of the date on which the decision to refuse the European patent application was notified (cf. Article 121(2) EPC). The request is allowable because the European patent application is refused following failure to reply within a time limit set by the EPO under Rule 51(4) EPC (cf. Article 121(1) EPC).

5.8. Because further processing of the European patent application under Article 121 EPC can be requested by the applicant in case of failure to reply within the period under Rule 51(4) EPC and the ensuing refusal of the application, it clearly follows that the applicant is supposed to make an express statement to the effect that he either approves the text notified or proposes amendments to it within that period. Concerning the procedural situation where the Examining Division informs the applicant under Rule 51(4) EPC that a European patent may be granted in respect of a text according to an auxiliary request, but not in respect of a text according to a main request, the applicant can therefore not be assumed to request the grant of a European patent on the basis of the text in accordance with the main request when he fails to reply within the period set by the Examining Division under Rule 51(4) EPC, as had been the case before Rule 51 EPC (previous version) was revised (cf. point 5.3 supra). As a matter of fact, the applicant may just as well have failed to communicate his approval of the text notified under Rule 51(4) EPC in time. From the above it follows therefore that the procedural way in handling main and auxiliary requests as set out in the Legal Advice No. 15/84, points 2.4 and 2.5 (cf. point 5.3 supra), was clearly no longer relevant after the revision of Rule 51 EPC (previous version).

5.9. The paper by Alexander Witte (cf. point X supra) is not relevant either because, notwithstanding the fact that it was published in 1997, i.e. ten years after the amended Rule 51(4) EPC had entered into force, it still refers on page 293, right-hand column, paragraph 6, to the period of three month as provided in Rule 51(4) EPC (previous version).

5.10. In decision T 234/86, it was considered whether an Opposition Division can, without infringing Articles 102(3) and 113(2) EPC and Rule 58 EPC, decide to maintain a European patent on the basis of a subordinate auxiliary request by the patent proprietor if the latter pursues a main request plus non-allowable auxiliary requests which precede one which is allowable. This decision is thus not concerned with the examination procedure under Rule 51 EPC. Since the opposition procedure is an independent and separate procedure following the grant procedure (cf. decision T 198/88; OJ EPO 1991, 254), and not designed to be an extension of the examination procedure (cf. decision T 182/89; OJ EPO 1991, 391), decision T 234/86 is to be disregarded.

5.11. From the communication by the Examining Division dated 28. August 1997 (cf. point I supra), it was clearly derivable that (i) the appellants were requested to state their approval of the text specified within four months of the notification, and that (ii) the European patent application would be refused if they neither approved the text notified, nor proposed amendments to that text, within said period. Furthermore, from the reasons given for the decision under appeal (cf. point II supra), it also clearly followed that the European patent application was refused because there was no text to serve as a basis for the grant of a European patent pursuant to Article 113(2) EPC. The decision was moreover accompanied by a written communication of the possibilities of further processing of the European patent application under Article 121 EPC and of appeal (cf. point II supra).

5.12. Further processing of a European patent application under Article 121 EPC and appeals are two distinct legal remedies which serve different purposes:

In case of failure to indicate approval of the text or to propose amendments within the period set by the Examining Division under Rule 51(4) EPC, and the ensuing refusal of the European patent application, the refusal will be retracted if the applicant requests further processing of the European patent application. The failure, which by the way is not contested by the applicant, may quickly and easily be overcome, in effect by the payment of a small fee, and prosecution of the European patent application can be continued before the Examining Division, without even any need to explain or justify the failure.

By way of contrast, the right to lodge an appeal is confined to a party adversely affected by the decision under appeal (Article 107 EPC). Therefore, apart from some exceptions (cf. "Case Law" of the Boards of Appeal of the European Patent Office, 3rd edition 1998, Chapter VII, D, 7.5.2 to 7.5.5) which do not apply to the present case, an applicant who lodges an appeal must, in his statement setting out the grounds of appeal (Article 108, third sentence EPC), deal with the reasons given for the decision under appeal and indicate why the decision is alleged to be incorrect. Consequently, the appeal procedure is not, and may not be considered, a kind of further processing of the European patent application before the second instance.

5.13. From the foregoing it follows that the appellants and their representative should have realised that:

(i) the procedural way in handling main and auxiliary requests as set out in the Legal Advice No. 15/84, points 2.4 and 2.5, was no longer relevant after the amended Rule 51 EPC had entered into force on 1 September 1987;

(ii) the European patent application in suit was refused on the grounds that there was no text to serve as a basis for the grant of a European patent pursuant to Article 113(2) EPC; and

(iii) it had to be indicated in the statement setting out the grounds of appeal (Article 108 EPC, third sentence) why the conclusion of the Examining Division that there had been no text to serve as a basis for the grant of a European patent was not correct.

Consequently, if the appellants and their representative had taken all due care required by the circumstances within the meaning of Article 122(1) EPC, they would have perfectly been able to observe the time limit of four months for filing a statement setting out the grounds of appeal which would have met the requirement of Article 108 EPC, third sentence.

6. Since the requirement of "all due care required by the circumstances" under Article 122(1) EPC is not met in the present case, the application for re-establishment of rights has to be refused.

7. Conclusion

Since the re-establishment of rights is to be refused, the appeal has to be rejected as inadmissible, pursuant to Rule 65(1) EPC.

Order

ORDER

For these reasons it is decided that:

1. The application of re-establishment of rights is refused.

2. 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