HomeHome
 
  • Homepage
  • Searching for patents

    Patent knowledge

    Access our patent databases and search tools.

    Go to overview 

    • Overview
    • Technical information
      • Overview
      • Espacenet - patent search
      • European Publication Server
      • Searching Asian documents: patent search and monitoring services
      • EP full-text search
      • Bibliographic coverage in Espacenet and OPS
      • Full-text coverage in Espacenet and OPS
    • Legal information
      • Overview
      • European Patent Register
      • European Patent Bulletin
      • European Case Law Identifier sitemap
      • Searching Asian documents
      • Third-party observations
    • Business information
      • Overview
      • PATSTAT
      • IPscore
      • Patent insight reports
    • Data
      • Overview
      • Linked open EP data
      • Bulk data sets
      • Web services
      • Coverage, codes and statistics
    • Helpful resources
      • Overview
      • First time here?
      • Asian patent information
      • Patent information centres
      • Patent Translate
      • Patent Knowledge News
      • Business and statistics
      • Unitary Patent information in patent knowledge

    UP search

    Learn about the Unitary Patent in patent knowledge products and services

  • Applying for a patent

    Applying for a patent

    Practical information on filing and grant procedures.

    Go to overview 

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

    UP

    Unitary Patent

  • Law & practice

    Law & practice

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

    Go to overview 

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

    legal text

    Legal texts

  • News & events

    News & events

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

    Go to overview 

     

    • Overview
    • News
    • Events
    • European Inventor Award
      • Overview
      • About the award
      • Categories and prizes
      • Meet the finalists
      • Nominations
      • Watch the 2022 ceremony
    • Press centre
      • Overview
      • Patent Index and statistics
      • Search in press centre
      • Background information
      • Copyright
      • Press contacts
      • Call back form
      • Email alert service
    • Innovation and patenting in focus
      • Overview
      • Firefighting technologies
      • Green tech in focus
      • CodeFest on Green Plastics
      • Clean energy technologies
      • IP and youth
      • Research institutes
      • Women inventors
      • Fighting coronavirus
      • Lifestyle
      • Space and satellites
      • The future of medicine
      • Materials science
      • Mobile communications
      • Biotechnology
      • Patent classification
      • Digital technologies
      • The future of manufacturing
      • Books by EPO experts
    • "Talk innovation" podcast

    Podcast

    Listen to our podcast

  • Learning

    Learning

    The e-Academy – the point of access to your learning

    Go to overview 

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

    European Patent Academy

    Boost your IP knowledge with (e-)training from the European Patent Academy

  • About us

    About us

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

    Go to overview 

    • Overview
    • The EPO at a glance
    • 50 years of the EPC
      • Overview
      • 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
    • Governance
      • Overview
      • Communiqués
      • Calendar
      • Documents and publications
      • Administrative Council
    • Principles & strategy
      • Overview
      • Our mission, vision, values and corporate policy
      • Public consultation on the EPO's Strategic Plan 2028
      • Towards a New Normal
    • Leadership & management
      • Overview
      • President António Campinos
      • Management Advisory Committee
    • Social responsibility
      • Overview
      • Environment and sustainability
      • Art collection
    • Services & activities
      • Overview
      • Our services & structure
      • 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
      • Digital library
      • Data desk
    • Procurement
      • Overview
      • Procurement forecast
      • Doing business with the EPO
      • Procurement procedures
      • About eTendering and electronic signatures
      • Procurement portal
      • Invoicing
      • General conditions
      • Archived tenders
    • Transparency portal
      • Overview
      • General
      • Human
      • Environmental
      • Organisational
      • Social and relational
      • Economic
      • Governance
    • Statistics and trends
      • Overview
      • Statistics & Trends Centre
      • EPO Data Hub
      • Clarification on data sources
    • History
      • Overview
      • 1970s
      • 1980s
      • 1990s
      • 2000s
      • 2010s
      • 2020s

    about us

    Patent Index 2022

 
en de fr
  • Language selection
  • English
  • Deutsch
  • Français
Main navigation
  • Homepage
  • New to patents
    • Go back
    • Overview
    • What's your big idea?
    • Are you ready?
    • What to expect
    • How to apply for a patent
    • Your business and patents
    • Is it patentable?
    • Are you first?
    • Why do we have patents?
    • Patent quiz
    • Unitary patent video
  • Searching for patents
    • Go back
    • Overview
    • Technical information
      • Go back
      • Overview
      • Espacenet - patent search
        • Go back
        • Overview
        • National patent office databases
        • Global Patent Index (GPI)
        • Release notes
      • European Publication Server
        • Go back
        • Overview
        • Cross-reference index for Euro-PCT applications
        • EP authority file
        • Help
      • Searching Asian documents
      • EP full-text search
      • Bibliographic coverage in Espacenet and OPS
      • Full-text coverage in Espacenet
    • Legal information
      • Go back
      • Overview
      • European Patent Register
        • Go back
        • Overview
        • Release notes archive
        • Register documentation
          • Go back
          • Overview
          • Deep link data coverage
          • Federated Register
          • Register events
      • European Patent Bulletin
        • Go back
        • Overview
        • Download Bulletin
        • EP Bulletin search
        • Help
      • European Case Law Identifier sitemap
      • Searching Asian documents
      • Third-party observations
    • Business information
      • Go back
      • Overview
      • PATSTAT
      • IPscore
        • Go back
        • Release notes
      • Patent insight reports
    • Data
      • Go back
      • Overview
      • Linked open EP data
      • Bulk data sets
        • Go back
        • Overview
        • Manuals
        • Sequence listings
        • National full-text data
        • European Patent Register data
        • EPO worldwide bibliographic data (DOCDB)
        • EP full-text data
        • EPO worldwide legal event data (INPADOC)
        • EP bibliographic data (EBD)
          • Go back
          • EBD files (weekly download) - free of charge
            • Go back
            • Secure EBD ST.36 files (weekly download) - for national patent offices only
        • Boards of Appeal decisions
        • EP full-text data for text analytics
      • Web services
        • Go back
        • Overview
        • Open Patent Services (OPS)
        • European Publication Server web service
      • Coverage, codes and statistics
        • Go back
        • Weekly updates
        • Updated regularly
    • Helpful resources
      • Go back
      • Overview
      • First time here? Patent information explained.
        • Go back
        • Overview
        • Basic definitions
        • Patent classification
          • Go back
          • Overview
          • Cooperative Patent Classification (CPC)
        • Patent families
          • Go back
          • Overview
          • DOCDB simple patent family
          • INPADOC extended patent family
        • Legal event data
          • Go back
          • Overview
          • INPADOC classification scheme
      • Asian patent information
        • Go back
        • Overview
        • China (CN)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Chinese Taipei (TW)
          • Go back
          • Overview
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • India (IN)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
        • Japan (JP)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Korea (KR)
          • Go back
          • Overview
          • Facts and figures
          • Grant procedure
          • Numbering system
          • Useful terms
          • Searching in databases
        • Russian Federation (RU)
          • Go back
          • Overview
          • Facts and figures
          • Numbering system
          • Searching in databases
        • Useful links
      • Patent information centres (PATLIB)
      • Patent Translate
      • Patent Knowledge News
      • Business and statistics
      • Unitary Patent information in patent knowledge
  • Applying for a patent
    • Go back
    • Overview
    • European route
      • Go back
      • Overview
      • European Patent Guide
      • Oppositions
      • Oral proceedings
        • Go back
        • Oral proceedings calendar
          • Go back
          • Calendar
          • Public access to appeal proceedings
          • Public access to opposition proceedings
          • Technical guidelines
      • Appeals
      • Unitary Patent & Unified Patent Court
        • Go back
        • Overview
        • Unitary Patent
          • Go back
          • Overview
          • Legal framework
          • Unitary Patent Guide
          • Main features
          • Applying for a Unitary Patent
          • Cost of a Unitary Patent
          • Translation and compensation
          • Start date
        • Unified Patent Court
      • National validation
      • Extension/validation request
    • International route
      • Go back
      • Overview
      • Euro-PCT Guide
      • Entry into the European phase
      • Decisions and notices
      • PCT provisions and resources
      • Extension/validation request
      • Reinforced partnership programme
      • Accelerating your PCT application
      • Patent Prosecution Highway (PPH)
        • Go back
        • Patent Prosecution Highway (PPH) programme outline
      • Training and events
    • National route
    • MyEPO services
      • Go back
      • Overview
      • Understand our services
        • Go back
        • Overview
        • Online Filing 2.0 pilot
        • MyEPO Portfolio - pilot phase
        • Online Filing 2.0 pilot continuation
        • Exchange data with us using an API
      • Get access
        • Go back
        • Overview
        • Installation and activation
      • File with us
        • Go back
        • Overview
        • What if our online filing services are down?
        • Release notes
      • Interact on your files
      • Online Filing & fee payment outages
    • Fees
      • Go back
      • Overview
      • European fees (EPC)
        • Go back
        • Overview
        • Decisions and notices
      • International fees (PCT)
        • Go back
        • Reduction in fees
        • Fees for international applications
        • Decisions and notices
        • Overview
      • Unitary Patent fees (UP)
        • Go back
        • Overview
        • Decisions and notices
      • Fee payment and refunds
        • Go back
        • Overview
        • Payment methods
        • Getting started
        • FAQs and other documentation
        • Technical information for batch payments
        • Decisions and notices
        • Release notes
      • Warning
    • Forms
      • Go back
      • Request for examination
    • 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
        • 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
      • National measures relating to the Unitary Patent 
    • Court practices
      • Go back
      • Overview
      • European Patent Judges' Symposium
    • User consultations
      • Go back
      • Overview
      • Ongoing consultations
      • Completed consultations
    • Substantive patent law harmonisation
      • Go back
      • Overview
      • The Tegernsee process
      • Group B+
    • Convergence of practice
    • Options for professional representatives
  • News & events
    • Go back
    • Overview
    • News
    • Events
    • European Inventor Award
      • Go back
      • Overview
      • About the award
      • Categories and prizes
      • Meet the finalists
      • Nominations
      • Watch the 2023 ceremony
      • European Inventor Network
        • Go back
        • Activities granted in 2023
    • Press centre
      • Go back
      • Overview
      • Patent Index and statistics
      • Search in press centre
      • Background information
        • Go back
        • Overview
        • European Patent Office
        • Q&A on patents related to coronavirus
        • Q&A on plant patents
      • Copyright
      • Press contacts
      • Call back form
      • Email alert service
    • In focus
      • Go back
      • Overview
      • Firefighting technologies
        • Go back
        • Overview
        • Detection and prevention of fires
        • Fire extinguishing
        • Protective equipment
        • Post-fire restoration
      • Green tech in focus
        • Go back
        • Overview
        • About green tech
        • Renewable energies
        • Energy transition technologies
        • Building a greener future
      • CodeFest on Green Plastics
      • Clean energy technologies
        • Go back
        • Overview
        • Renewable energy
        • Carbon-intensive industries
        • Energy storage and other enabling technologies
      • IP and youth
      • Research institutes
      • Women inventors
      • Fighting coronavirus
        • Go back
        • Overview
        • Vaccines and therapeutics
          • Go back
          • Overview
          • Vaccines
          • Overview of candidate therapies for COVID-19
          • Candidate antiviral and symptomatic therapeutics
          • Nucleic acids and antibodies to fight coronavirus
        • Diagnostics and analytics
          • Go back
          • Overview
          • Protein and nucleic acid assays
          • Analytical protocols
        • Informatics
          • Go back
          • Overview
          • Bioinformatics
          • Healthcare informatics
        • Technologies for the new normal
          • Go back
          • Overview
          • Devices, materials and equipment
          • Procedures, actions and activities
          • Digital technologies
        • Inventors against coronavirus
      • Lifestyle
      • Space and satellites
        • Go back
        • Overview
        • Patents and space technologies
      • Healthcare
        • Go back
        • Overview
        • Medical technologies and cancer
        • Personalised medicine
      • Materials science
        • Go back
        • Overview
        • Nanotechnology
      • Mobile communications
      • Biotechnology
        • Go back
        • Overview
        • Red, white or green
        • The role of the EPO
        • What is patentable?
        • Biotech inventors
      • Classification
        • Go back
        • Overview
        • Nanotechnology
        • Climate change mitigation technologies
          • Go back
          • Overview
          • External partners
          • Updates on Y02 and Y04S
      • Digital technologies
        • Go back
        • Overview
        • About ICT
        • Hardware and software
        • Patents and standards
        • Artificial intelligence
        • Fourth Industrial Revolution
      • Additive manufacturing
        • Go back
        • Overview
        • About AM
        • AM innovation
      • Books by EPO experts
    • Podcast
  • Learning
    • Go back
    • Overview
    • European Patent Academy
      • Go back
      • Overview
      • Learning activities
      • Learning Paths
    • Professional hub
      • Go back
      • Overview
      • EPAC - European patent administration certification
      • EQE - European Qualifying Examination
        • Go back
        • Overview
        • Archive
        • Candidates successful in the European qualifying examination
        • Compendium
          • Go back
          • Overview
          • Pre-examination
          • Paper A
          • Paper B
          • Paper C
          • Paper D
    • Learning resources by area of interest
      • Go back
      • Overview
      • Patent granting
      • Technology transfer and dissemination
      • Patent enforcement and litigation
        • Go back
        • Overview
        • Patent enforcement in Europe
        • Patent litigation in Europe
    • Learning resources by profile
      • Go back
      • Overview
      • Business and IP managers
        • Go back
        • Overview
        • Innovation case studies
          • Go back
          • Overview
          • SME case studies
          • Technology transfer case studies
          • High-growth technology case studies
        • Inventors' handbook
          • Go back
          • Overview
          • Introduction
          • Disclosure and confidentiality
          • Novelty and prior art
            • Go back
            • Overview
            • Is the idea ‘obvious’?
            • Prior art searching
            • Professional patent searching
            • Simple Espacenet searching
            • What is prior art?
            • Why is novelty important?
          • Competition and market potential
            • Go back
            • Overview
            • Research guidelines
          • Assessing the risk ahead
            • Go back
            • Overview
            • Exploitation routes
            • Significant commercial potential
            • Significant novelty
            • What about you?
            • What if your idea is not novel but does have commercial potential?
          • Proving the invention
            • Go back
            • Overview
            • Help with design or redesign
            • Prototype strategy
          • Protecting your idea
            • Go back
            • Overview
            • Forms of IPR
            • Patenting strategy
            • The patenting process
          • Building a team and seeking funding
            • Go back
            • Overview
            • Building a team
            • Sources of funding
            • Sources of help for invention
          • Business planning
            • Go back
            • Overview
            • Constructing a business plan
            • Keep it short!
          • Finding and approaching companies
            • Go back
            • Overview
            • First contact
            • Meetings
          • Dealing with companies
            • Go back
            • Overview
            • Advance or guaranteed payment
            • Companies and your prototype
            • Full agreement – and beyond
            • Negotiating a licensing agreement
            • Reaching agreement
            • Royalties
        • Best of search matters
          • Go back
          • Overview
          • Tools and databases
          • EPO procedures and initiatives
          • Search strategies
          • Challenges and specific topics
        • Support for high-growth technology businesses
          • Go back
          • Overview
          • For IP professionals
          • For business decision-makers
          • For stakeholders of the innovation ecosystem
      • EQE Candidates
        • Go back
        • Overview
        • Coffee-break questions
        • Daily D questions
        • European qualifying examination - Guide for preparation
      • Judges, lawyers and prosecutors
        • Go back
        • Overview
        • Compulsory licensing in Europe
        • The jurisdiction of European courts in patent disputes
      • National offices and IP authorities
        • Go back
        • Overview
        • Learning material for examiners of national officers
        • Learning material for formalities officers and paralegals
      • Patent attorneys and paralegals
      • Universities, research centres and TTOs
        • Go back
        • Overview
        • 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
  • 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
    • Governance
      • Go back
      • Overview
      • Communiqués
        • Go back
        • Overview
        • 2022
        • 2021
        • 2020
        • 2019
        • 2018
        • 2017
        • 2016
        • 2015
        • 2014
        • 2013
      • Calendar
      • Documents and publications
        • Go back
        • Overview
        • Select Committee documents
      • Administrative Council
        • Go back
        • Overview
        • Composition
        • Representatives
        • Rules of Procedure
        • Board of Auditors
        • Secretariat
        • Council bodies
    • Principles & strategy
      • Go back
      • Overview
      • Mission, vision, values & corporate policy
      • Strategic Plan 2028
      • Towards a New Normal
      • Data protection & privacy notice
    • Leadership & management
      • Go back
      • Overview
      • About the President
      • Management Advisory Committee
    • Procurement
      • Go back
      • Overview
      • Procurement forecast
      • Doing business with the EPO
      • Procurement procedures
      • About eTendering
      • Procurement portal
        • Go back
        • Overview
        • e-Signing contracts
      • Invoicing
      • General conditions
      • Archived tenders
    • Services & activities
      • Go back
      • Overview
      • Our services & structure
      • Quality
        • Go back
        • Overview
        • Foundations
          • Go back
          • Overview
          • European Patent Convention
          • Guidelines for examination
          • Our staff
        • Enabling quality
          • Go back
          • Overview
          • Prior art
          • Classification
          • Tools
          • Processes
        • Products & services
          • Go back
          • Overview
          • Search
          • Examination
          • Opposition
          • Continuous improvement
        • Quality through networking
          • Go back
          • Overview
          • User engagement
          • Co-operation
          • User satisfaction survey
          • Stakeholder Quality Assurance Panels
        • Patent Quality Charter
        • Statistics
          • Go back
          • Overview
          • Search
          • Examination
          • Opposition
      • Consulting our users
        • Go back
        • Overview
        • Standing Advisory Committee before the EPO (SACEPO)
          • Go back
          • Overview
          • Objectives
          • SACEPO and its working parties
          • Meetings
          • Single Access Portal – SACEPO Area
        • Surveys
          • Go back
          • Overview
          • Search services
          • Examination services, final actions and publication
          • Opposition services
          • Patent filings
            • Go back
            • Overview
            • Detailed methodology
            • Archive
          • Online Services
          • Patent information
            • Go back
            • Overview
            • Innovation process survey
          • Customer services
          • Filing services
          • Website
          • Survey on electronic invoicing
          • Companies innovating in clean and sustainable technologies
      • Our user service charter
      • European and international co-operation
        • Go back
        • Overview
        • Co-operation with member states
          • Go back
          • Overview
        • Bilateral co-operation with non-member states
          • Go back
          • Overview
          • Validation system
          • Reinforced Partnership programme
        • Multilateral international co-operation with IP offices and organisations
        • Co-operation with international organisations outside the IP system
      • European Patent Academy
        • Go back
        • Overview
        • Partners
      • Chief Economist
        • Go back
        • Overview
        • Economic studies
      • Ombuds Office
      • Reporting wrongdoing
    • Statistics and trends
      • Go back
      • Overview
      • Statistics & Trends Centre
      • EPO Data Hub
      • Clarification on data sources
    • Social responsibility
      • Go back
      • Overview
      • Environment
      • Art collection
        • Go back
        • Overview
        • The collection
        • Let's talk about art
        • Artists
        • Media library
        • What's on
        • Publications
        • Contact
        • Culture Space A&T 5-10
          • Go back
          • Catalyst lab & Deep vision
            • Go back
            • aqua_forensic
            • LIMINAL
            • MaterialLab
            • Perfect Sleep
            • Proof of Work
            • TerraPort
            • Unfinished Sculpture - Captives #1
            • Deep vision – immersive exhibition
          • The European Patent Journey
          • Sustaining life. Art in the climate emergency
          • Next generation statements
          • Open storage
          • Cosmic bar
        • Lange Nacht 2023
    • History
      • Go back
      • Overview
      • 1970s
      • 1980s
      • 1990s
      • 2000s
      • 2010s
      • 2020s
    • Transparency portal
      • Go back
      • Overview
      • General
        • Go back
        • Overview
        • Annual Review 2022
          • Go back
          • Overview
          • Foreword
          • Executive summary
          • Goal 1: Engaged and empowered
          • Goal 2: Digital transformation
          • Goal 3: Master quality
          • Goal 4: Partner for positive impact
          • Goal 5: Secure sustainability
      • Human
      • Environmental
      • Organisational
      • Social and relational
      • Economic
      • Governance
    • Observatory on Patents and Technology
      • Go back
      • Overview
      • About the Observatory
      • Our activities
      • Our topics
      • Our partners and networks
      • Digital library
      • Data desk
  • Boards of Appeal
    • Go back
    • Overview
    • Decisions of the Boards of Appeal
      • Go back
      • Overview
      • Recent decisions
      • Selected decisions
    • Procedure
    • Annual reports
      • Go back
      • Overview
    • Organisation
      • Go back
      • Overview
      • President of the Boards of Appeal
      • Enlarged Board of Appeal
        • Go back
        • Overview
        • Pending referrals (Art. 112 EPC)
        • Decisions sorted by number (Art. 112 EPC)
        • Pending petitions for review (Art. 112a EPC)
        • Decisions on petitions for review (Art. 112a EPC)
      • Technical Boards of Appeal
      • Legal Board of Appeal
      • Disciplinary Board of Appeal
      • Presidium
        • Go back
        • Overview
        • Composition of the Presidium
          • Go back
          • Overview
          • Archive
    • Code of Conduct
    • Business distribution scheme
      • Go back
      • Overview
      • Technical boards of appeal by IPC in 2023
      • Archive
    • Annual list of cases
    • Communications
    • Publications
    • Case Law of the Boards of Appeal
      • Go back
      • Overview
      • Archive
    • Case Law from the Contracting States to the EPC
    • Oral proceedings
  • Service & support
    • Go back
    • Overview
    • Website updates
    • Availability of online services
      • Go back
      • Overview
    • FAQ
      • Go back
      • Overview
    • Publications
    • Ordering
      • Go back
      • Overview
      • Terms and conditions
        • Go back
        • Overview
        • Patent information products
        • Bulk data sets
        • Open Patent Services (OPS)
        • Fair use charter
    • Procedural communications
    • Useful links
      • Go back
      • Overview
      • Patent offices of member states
      • Other patent offices
      • Legal resources
      • Directories of patent attorneys
      • Patent databases, registers and gazettes
      • Disclaimer
    • Contact us
      • Go back
      • Overview
      • Filing options
      • Locations
      • Specific contact
    • Subscription centre
      • Go back
      • Overview
      • Subscribe
      • Change preferences
      • Unsubscribe
    • Official holidays
    • Forums
    • Glossary
    • RSS feeds
2009
  1. Home
  2. Legal texts
  3. Official Journal
  4. 2009
  5. 3 - March
  6. Pages 170-179
Print
Facebook Twitter Linkedin Email
3 - March

Overview

Pages 170-179

Download PDF 
Citation: OJ EPO 2009, 170
Online publication date: 31.3.2009
BOARDS OF APPEAL
Decisions of the Legal Board of Appeal

Decision of the Legal Board of Appeal dated 17 December 2007 - J 3/06 - 3.1.01

(Translation)

COMPOSITION OF THE BOARD:

Chairman:

B. Günzel

Members:

W. Sekretaruk, C. Rennie-Smith

Applicants:

Heitkamp Rail GmbH, et al

Appellant 1:

Heitkamp Rail GmbH

Appellant 2:

Dieter Heiland

Headword:

Transitional provisions/HEITKAMP

Relevant legal provisions:

Article: 80, 90 EPC

Rule: 40, 55, 56 EPC

Article 7(1) of the Act revising the EPC

Article 1(1) of the Administrative Council's decision of 28 June 2001 on the transitional provisions under Article 7 of the Act revising the EPC

Article 2, first sentence, of the Administrative Council's decision of 7 December 2006 amending the Implementing Regulations to EPC 2000

Article: 5 PLT

Relevant legal provisions (EPC 1973):

Article: 87 EPC 1973

Rule: 43(1), 43(2), 69 EPC 1973

Keyword:

"Applicability of Rule 56 EPC to filings made before its entry into force - no" - "Valid claiming of priority - no"

Headnote:

Rule 56 EPC applies only to European patent applications filed after the entry into force of EPC 2000.

Summary of facts and submissions

I. This appeal concerns the Receiving Section's decision of 15 November 2005 to reject the applicants'/appellants' request for accordance of the filing date of 10 January 2004 and their request for the setting aside of the finding of loss of priority from German patent application 103 01 231.1.

II. The appellants filed their request for the grant of a European patent on 10 January 2004 and submitted the description, claims and four pages of drawings. Those four pages contained Figures 1, 2 (twice) and 4, but, as the formalities examination established, no Figure 3. The Receiving Section informed the appellants that if they submitted the missing drawing within a month, the application would be re-dated to the filing date of that drawing (so the claimed priority date might not then be within the 12-month priority period). The missing Figure 3 was thereupon filed in due time.

III. In the proceedings before the Receiving Section, the appellants asserted that the Receiving Section should have applied Rule 43(1) instead of Rule 43(2) EPC 1973, and that they had not made the necessary request to have the application re-dated under the former provision. Had that been the case, all references to the missing drawing in the European patent application would have been deemed to be deleted, but the filing date would then have been the date on which the documents were received, i.e. 10 January 2004.

IV. The Receiving Section rejected that request and the request for the setting aside of the subsequently noted loss of priority from German patent application 103 01 231.1.

V. In their letter of 4 January 2006, the appellants filed a reasoned appeal against
that decision (posted on 15 November 2005) and paid the appeal fee the same day.

VI. In their grounds for appeal, the appellants at first took issue once again with the Receiving Section's correct application of Rule 43(2) EPC 1973, but later dropped this objection in response to a board communication. They based their requests exclusively on Rule 56 EPC in the version applicable since 13 December 2007.

VII. They contended that, under the transitional provisions, the current version of Rule 56 EPC also applied to European patent applications filed with the European Patent Office before that rule entered into force on 13 December 2007. The Administrative Council of the European Patent Organisation had exercised its power under Article 7(1) of the Act revising the EPC and issued transitional provisions. In Article 1 of its decision of 28 June 2001 on transitional provisions under Article 7 of the Act revising the EPC, the Council had inter alia ruled that the new Article 90 EPC should apply to European patent applications pending at the time of its entry into force. That was a general principle: new procedural law always applied to open cases. Furthermore, the transitional provisions prescribed the application of the new legal text in such circumstances. Article 2 of the Administrative Council's decision of 7 December 2006 amending the Implementing Regulations to EPC 2000 stipulated inter alia that the Implementing Regulations to EPC 2000 should apply to all European patent applications in so far as they were subject to the provisions of EPC 2000. Rule 56 EPC referred expressly to Article 90 EPC, which was why in the present appeal proceedings only the new provisions applied. This meant that under Rule 56(3) EPC the filing date would remain 10 January 2004 because the drawing which was missing but contained in the priority application had been filed subsequently within the prescribed two-month period.

VIII. In its communication of 13 September 2007, the board indicated that it did not share the appellants' view.

There was no general principle of law whereby new procedural law necessarily applied to open cases. When provisions were amended, they could be made to apply to old cases, or, as in the present case, other rules in the form of transitional provisions could be established.

Rule 56 EPC in the version that came into force on 13 December 2007 did not apply here. Regarding the requirements for the accordance of a filing date, Rule 56 EPC implicitly referred to Article 80 EPC. Article 90 EPC, cited by the appellants, governed the scope of the examination on filing and the examination as to formal requirements. Under Article 90(1) EPC this also included the examination as to whether the application satisfied the requirements for the accordance of a filing date, but that article did not stipulate what the actual requirements were. These were set out in Article 80 EPC, which applied only to applications as from 13 December 2007.

IX. At the oral proceedings before the board on 17 December 2007, the appellants dropped their argument about the legal principle of new procedural law being generally applicable to pending cases.

They expanded on their written submissions on the applicability of Rule 56 EPC, arguing that its express reference to Article 90(1) EPC illustrated the connection between the two provisions. The appellants also maintained that, in the present context, Article 90 EPC was to be regarded as a lex specialis with respect to Article 80 EPC, which was another argument for the applicability of Rule 56 EPC.

X. The appellants requested that the Receiving Section's decision of 15 November 2005 be set aside and that patent application 04000386.5 with the subsequently filed drawing (Figure 3) be accorded the filing date of 10 January 2004.

Reasons for the decision

1. The appeal is admissible.

2. The revised version of the European Patent Convention (EPC 2000) entered into force on 13 December 2007. Articles and rules cited below refer to that version, unless explicitly referred to as being "EPC 1973" provisions applicable until the aforementioned date.

2.1 Article 7(1) of the Act revising the EPC reads:

"The revised version of the Convention shall apply to all European patent applications filed after its entry into force, as well as to all patents granted in respect of such applications. It shall not apply to European patents already granted at the time of its entry into force, or to European patent applications pending at that time, unless otherwise decided by the Administrative Council of the European Patent Organisation."

2.2 Article 1(1) of the Administrative Council's decision of 28 June 2001 on the transitional provisions under Article 7 of the Act revising the EPC reads:

"In accordance with Article 7, paragraph 1, second sentence, of the Revision Act, the following transitional provisions shall apply to the amended and new provisions of the European Patent Convention specified below:

Articles ... 90 ... shall apply to European patent applications pending at the time of their entry into force and to European patents already granted at that time."

2.3 Article 2, first sentence, of the Administrative Council's decision of 7 December 2006 amending the Implementing Regulations to EPC 2000 reads:

"The Implementing Regulations to the EPC 2000 shall apply to all European patent applications, ..., in so far as the foregoing are subject to the provisions of the EPC 2000."

3. Rule 56 EPC applies only to applications filed after the entry into force of EPC 2000.

The Administrative Council's decision does not specify the conditions under which the Implementing Regulations to EPC 2000 apply to a European patent application filed before the entry into force of EPC 2000; this is a matter of interpretation. There is nothing in writing on the original intention of the wording "subject to the provisions of the EPC 2000", but guidance is obtained by putting it into the context of the system as a whole.

The board shares the appellants' view that applications filed before 13 December 2007 can be seen to be subject to EPC 2000 as regards the applicability of the Implementing Regulations when the article corresponding to the rule in question also applies to patent applications filed prior to 13 December 2007 under Article 1 of the Administrative Council's decision of 28 June 2001. Anything else would create irresolvable and unintended contradictions and loopholes between the applicable EPC 1973 articles and the applicable provisions of the Implementing Regulations to EPC 2000. This interpretation of Article 2, first sentence, of the aforementioned decision of the Administrative Council in the German language is given further credence by the provision's even clearer wording in the equally binding English and French versions ("The Implementing Regulations to the EPC 2000 shall apply to all European patent applications, ..., in so far as the foregoing are subject to the provisions of the EPC 2000."; "Le règlement d'exécution de la CBE 2000 s'applique à l'ensemble des demandes de brevet européen, ..., dans la mesure où ils sont soumis aux dispositions de la CBE 2000.").

In an assessment of which article relates to a particular rule, it should be noted that a rule in the Implementing Regulations can affect different EPC articles in very different ways. Within the meaning of the provision, a rule does not apply to an article purely by virtue of mentioning that article. However, a rule in the Implementing Regulations can be assumed to apply to a particular EPC 2000 article when it puts a more detailed construction on that article, in keeping with the purpose of "implementing" the EPC.

This is not true of the relationship between Article 90 and Rule 56 EPC because Rule 56 EPC does not elucidate Article 90 EPC. In the context of the system as a whole, Rule 56 EPC relates to Article 80 EPC (filing date). Article 80 EPC is one of the provisions that were amended to implement Article 5 PLT. The EPC 1973 principle that a filing date could only be accorded on the basis of documents available to the European Patent Office was superseded by the structurally different principle that extensive references are permitted in respect of the documents required for the accordance of a filing date.

Article 80 EPC no longer lists the requirements for the accordance of a filing date but refers instead to the Implementing Regulations. The provision in question is Rule 40 EPC, which reproduces the international standard set out in Article 5 PLT for the minimum content of an application for the accordance of a filing date. Rule 56(3) EPC is another provision amended in line with the PLT and also refers to the principle that the documents required for the accordance of a filing date do not have to be physically available at the outset but become part of the procedure by being contained in the priority application. This implements Article 5(6)(b) PLT, under which it is inter alia possible to file missing drawings without loss of priority if they are in the priority application.

Obviously as a result of this change in the system, Article 80 EPC is not in the catalogue of provisions stated to be applicable also to pending procedures as soon as EPC 2000 was to enter into force. Consequently, the rules relating to it do not apply either.

4. Moreover, the appellants' reasoning is unconvincing:

4.1 General legal principle of applying new procedural law to open procedures

No such principle exists. When legal provisions are changed, they may be made to apply to old or new cases, or other rules may be established in the form of transitional provisions. The Administrative Council opted for the latter. The board expressed an opinion on this question in its communication and the appellants have not referred to this legal principle since.

4.2 Article 90 EPC und Rule 56 EPC

Article 90 EPC is a procedural provision governing the scope of the examination on filing and the examination as to formal requirements, including, under Article 90(1) EPC, the examination as to whether the application satisfies the requirements for the accordance of a filing date. Rule 55 EPC, which explains the examination on filing in greater detail, develops the substance of that article, which Rule 56 EPC does not. Accordingly, the wording "If the examination under Article 90, paragraph 1, reveals that ... drawings referred to in the description or in the claims, appear to be missing, ... " does not in itself imply the applicability of Rule 56(1) EPC to patent applications filed before its entry into force. Stating that an examination takes place as to whether a filing date can be accorded provides no details of the conditions under which this can occur.

Article 80 EPC sets out the substantive requirements, but since the new provisions are not applicable the EPC 1973 version in conjunction with Rule 43(2) EPC 1973 applies here.

The date of filing is therefore – as the Receiving Section duly established –18 February 2004.

Nor does the board subscribe to the appellants' view that Article 90 EPC is to be regarded as a lex specialis in respect of Article 80 EPC. The relationship between the two provisions is not such that Article 90 EPC would take absolute precedence. The articles govern different things: the requirements for the accordance of a filing date (Article 80 EPC) and the scope and details of the examination as to formal requirements (Article 90 EPC).

5. The Receiving Section's decision not to meet the appellants' requests was therefore correct.

5.1 Refusal of the request to accord the filing date of 10 January 2004 to the documents submitted originally

The requested filing date of 10 January 2004 could not be accorded. That was the date on which the original but incomplete documents were received. On being advised of the repercussions, the appellants submitted the missing drawing on 18 February 2004; under Rule 43(2) EPC 1973 that date was unquestionably the filing date. The appellants' request to have 10 January 2004 accorded as the filing date was therefore unsuccessful.

5.2 Refusal of the request to set aside the finding of loss of priority right

Under Rule 69 EPC 1973 the European Patent Office will issue, on request, a decision that a right has been lost if this occurs without any decision concerning the refusal of a European patent application. Under Article 87 EPC 1973, the applicants had the opportunity to claim the priority of German patent application 103 01 231.1, filed on 15 January 2003, within twelve months of its filing. The appellants failed to observe the deadline of 15 January 2004, since the filing date duly accorded to their European patent application was 18 February 2004. They therefore lost their priority right, as the Receiving Section established.

6. The request to have the contested decision set aside could therefore not be met.

Order

For these reasons it is decided that:

The appeal is dismissed.

Previous
Next
Footer - Service & support
  • Service & support
    • FAQ
    • Publications
    • Procedural communications
    • Contact us
    • Subscription centre
    • Official holidays
    • Forums
    • Glossary
Footer - More links
  • Jobs & careers
  • Press centre
  • Single Access Portal
  • Procurement
  • Boards of Appeal
SoMe facebook 0
European Patent Office
EPO Jobs
SoMe instagram
EuropeanPatentOffice
SoMe linkedIn
European Patent Office
EPO Jobs
EPO Procurement
SoMe twitter
EPOorg
EPOjobs
SoMe youtube
TheEPO
Footer
  • Legal notice
  • Terms of use
  • Data protection and privacy
  • Accessibility