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

    Patent knowledge

    Access our patent databases and search tools.

    Go to overview 

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

    Technology insight report on plastic waste management

  • Applying for a patent

    Applying for a patent

    Practical information on filing and grant procedures.

    Go to overview 

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

    UP

    Find out how the Unitary Patent can enhance your IP strategy

  • Law & practice

    Law & practice

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

    Go to overview 

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

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

  • News & events

    News & events

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

    Go to overview 

     

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

    Podcast

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

  • Learning

    Learning

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

    Go to overview 

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

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

  • About us

    About us

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

    Go to overview 

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

    Track the latest tech trends with our Patent Index

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

Recent decisions

Overview
  • 2025 decisions
  • 2024 decisions
  • 2023 decisions
  1. Home
  2. T 0723/02 (Low emissivity glass/GUARDIAN) 13-05-2005
Facebook X Linkedin Email

T 0723/02 (Low emissivity glass/GUARDIAN) 13-05-2005

European Case Law Identifier
ECLI:EP:BA:2005:T072302.20050513
Date of decision
13 May 2005
Case number
T 0723/02
Petition for review of
-
Application number
96100574.1
IPC class
C03C 17/36
Language of proceedings
EN
Distribution
DISTRIBUTED TO BOARD CHAIRMEN (C)

Download and more information:

Decision in EN 86.37 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

Dual silver layer low-e glass coating system and insulating glass units made therefrom

Applicant name
GUARDIAN INDUSTRIES CORP.
Opponent name
SAINT-GOBAIN GLASS FRANCE
Board
3.3.05
Headnote
-
Relevant legal provisions
European Patent Convention Art 123 1973
European Patent Convention R 88 1973
Keywords

Non-obviousness of corrections

New situation justifying remittal to the first instance

Catchword
-
Cited decisions
G 0011/91
G 0002/95
Citing decisions
J 0003/21
T 1248/08

I. The appeal lies from the interlocutory decision of the opposition division posted on 14 May 2002, whereby European patent No. 0 722 913 was maintained in amended form. The patent had been opposed on the grounds of Articles 100(a), (b) and (c) EPC, whereby under Article 100(a), lack of novelty and lack of inventive step were raised.

II. In its decision, the opposition division found the main request filed during the oral proceedings on 12 March 2002 fulfilled the requirements of the EPC.

Claim 1 of this request read as follows: "A sputter-coated glass article comprised of a glass substrate having thereon from the glass outwardly, a layer system including:

a) a layer of Si3N4 having a thickness of 300 Å - 550 Å;

b) a layer of nickel or nichrome having a thickness of 7 Å or less;

c) a layer of silver having a thickness of 70 Å - 130 Å;

d) a layer of nickel or nichrome having a thickness of 7 Å or less; and

e) a layer of Si3N4 having a thickness of 700 Å - 1,1OO Å;

f) a layer of nickel or nichrome having a thickness of 7 Å or less;

g) a layer of silver having a thickness of 70 Å - 190 Å;

h) a layer of nickel or nichrome having a thickness of 7 Å or less; and

i) a layer of Si3N4 having a thickness of 350 Å - 700 Å."

The two tables on amended page 13 of the patent in suit as maintained by the opposition division read as follows:

TABLE

Table 3

TABLE

The crossed off values were replaced by values in bold characters (bold added by the board). In Table 3 only the value "9" was substituted for the value "8" in the last line of the column headed "No. of passes".

According to the decision, the corrections to the table at the top of page 13 of the patent specification (this table is called "unnumbered table" hereinafter) were accepted under Rule 88 EPC on the basis of page 4 (sic), lines 5-38 and of dependent claim 7.

The opposition division also recognized the novelty and inventive step of the subject-matter claimed and considered that there was sufficient information in the patent specification to enable the skilled person to reproduce the invention.

III. The appellant (opponent) lodged an appeal against this interlocutory decision and submitted that the subject- matter claimed lacked novelty and inventive step. He further disputed that the corrections made by the proprietor to the two tables on page 13 of the patent in suit were obvious in the meaning of Rule 88 EPC. Therefore the amendments to the patent in suit contravened Article 123(2) EPC. The appellant further maintained his objection of insufficiency of disclosure.

IV. With its reply to the grounds of appeal, the respondent (proprietor) filed amended claims as a first auxiliary request and several documents. Following a communication of the board, he filed five new requests, replacing the previous ones.

V. During the oral proceedings, which took place on 13 May 2005 in the presence of both parties, the respondent filed six new sets of amended documents as a main request and 5 auxiliary requests in replacement of all those filed during the written proceedings.

Claim 1 of the main request is identical to claim 1 of the interlocutory decision (see point II above). Amendments were made in the dependent claims. The description is also identical to the amended version of the interlocutory decision except for the deletion of the term "optical" in line 49 at page 8.

Claim 1 of the 1st auxiliary request differs from claim 1 of the main request by the insertion of the feature "said layer e) being substantially thicker than either of the two layers a) and i)" at the end of the claim. The description is identical to that of the interlocutory decision.

Claim 1 of each of the 2nd to 5th auxiliary requests is identical to claim 1 of the 1st auxiliary request. The following amendments to the description were made in these requests:

- In the 2nd auxiliary request, the middle column in the unnumbered table at page 13 was deleted and the thicknesses remained as indicated in the granted patent:

TABLE

whereby Table 3 was maintained as amended in the interlocutory decision (see point II above).

- In the 3rd auxiliary request, the unnumbered table at page 13 was amended as in the 2nd auxiliary request and Table 3 remained unchanged as in the patent in suit.

- In the 4th auxiliary request, the unnumbered table at page 13 was amended as in the 2nd and 3rd auxiliary requests and the whole Table 3 as well as the references thereto were deleted from page 13, and Table 4 of page 14 was renumbered.

- In the 5th auxiliary request, both tables of page 13 including the accompanying text of the description, namely lines 44-46 at page 12 and lines 22-23 at page 13, were deleted. Table 4 of page 14 was renumbered.

VI. The submissions made by the appellant, as far as they are relevant to this decision, may be summarized as follows:

Due to the indication at page 8, lines 48-49 of the patent in suit: "... that thicknesses reported and used herein are optical thicknesses reported in Angstrom units", the question arises whether the layer thicknesses are reported therein in terms of optical or actual thicknesses. In the absence of indication in a document as to whether a thickness is reported in terms of optical or actual thickness, the reader would assume that it is an actual thickness. However, as in the present case, on the one hand, the patent explicitly indicates that the thicknesses are optical ones but, on the other hand, all the parties and instances of the EPO always assumed that it was an actual thickness, there is a doubt on the extent of protection and the patent lacks sufficiency of description. The deletion of the word "optical" from page 8 of the patent in suit cannot be considered as an obvious correction of a mistake since neither the parties nor any instance of the EPO noted the mistake.

As to the corrections accepted by the opposition division and those made by the respondent in particular to page 13 of the 2nd to 4th auxiliary requests, the appellant explained that there were several plausible ways of correcting the errors in the tables and therefore the requirements of Rule 88 and Article 123(2) EPC would not be met. The deletion of the middle column of the unnumbered table on page 13 of the description (2nd to 4th auxiliary requests) implied the possibility of envisaging two Examples, the first wherein the layer stack had to be read from the top to the bottom of the table, the glass support being on top of the stack; the second being the reverse situation with the glass support at the bottom thereof. The appellant had no objection under Rule 88 or Article 123(2) EPC against the 5th auxiliary request, nor against any of the amendments to the claims of all the requests on file.

VII. The respondent essentially argued as follows with respect to the corrections he made under Rule 88 EPC.

The value of 155 Å for the thickness of the silver layer 4a in the unnumbered table fell outside the range of from 70 to 130 Å defined in claim 1 and at page 9, line 21 of the patent in suit. Moreover, this thickness value would be inconsistent with the process data shown in Table 3, because the thicker silver layer would have been obtained with less energy (2.8 kW against 5.0 kW) than the thinner one. When compared with the values of the preferred embodiment set forth in the description (pages 6 and 9 of the patent in suit) and in claim 7, the data shown in said unnumbered table appeared to be exactly those of the preferred embodiment but mistakenly inverted as regards the layer sequence. Thus the sole possibility of correction for the skilled reader was to invert in sequence the thickness values in the unnumbered table in accordance with the preferred embodiment.

As a consequence of this amendment the number of passes in the last line of Table 3 had also to be amended to read "9" instead of "8". This was because if the value of "8" in the last line was consistent with a thickness of 400 Å for the corresponding overcoat layer 2c, then the value of 450 Å for the undercoat layer 2a (first line of the unnumbered table) would be inconsistent with the process data given in the first line of Table 3, which would bring to a thickness of 400 Å only. This would be again inconsistent with the thicknesses for the undercoat and the overcoat described for the preferred embodiment. As a conclusion, to re-establish the consistency between the data of both tables, the sole possibility was to correct the number of passes in the last line of Table 3 to "9".

The deletion of the middle column in the unnumbered table of page 13 (2nd to 4th auxiliary requests) was justified by the passage in the last line of page 12, which specifies that the layer stack in this table was "that as shown in Figure 1". Bearing in mind the thicknesses of the preferred embodiments disclosed at page 9 and when interpreting the unnumbered table in connection with Figure 1, the reader would have immediately seen that said middle column was wrong, the numbering of the layers being inverted therein. The respondent contested that the deletion of the middle column would imply the disclosure of two examples, submitting that Table 3 clearly indicates which layer is the thicker Ag layer, namely the one which needs more energy for its deposition. Thus, the location of the glass substrate in the unnumbered table could be deduced therefrom, because the thicker Ag layer had to be closer to the top of the stack. Accordingly, by reading together both tables, only one example could have been contemplated by the skilled man.

Concerning the question raised during the oral proceedings whether the layer thicknesses indicated in the claims and in the description are actual or optical thicknesses, the representative could not reach the respondent during the oral proceedings to clarify this point. However his personal opinion was that the presence of the word "optical" at page 8 of the patent in suit was an additional mistake. He drew attention to the passage on page 9, lines 6-23 of the patent in suit, which gives detailed information concerning the thicknesses of the different layers and pointed out that line 14 of this passage explicitly referred to document US-A-5344718 with respect to the preferred thicknesses of the nucleation layers. Since US '718 disclosed actual thicknesses, the respondent's representative concluded that in the patent in suit they had necessarily to be reported in the same way and therefore the occurrence of an error was obvious for the reader. As to the correction proposed, namely the deletion of the word "optical", he argued that if necessary, further evidence could be given that the thicknesses are actual ones by reworking the example of the patent in suit using the coater settings given in Table 3 but that some time would be needed for carrying out the necessary experimentation.

VIII. The appellant requested that the decision under appeal be set aside and that the European patent No. 0 722 913 be revoked.

The respondent requested that the patent be maintained on the basis of the following documents:

1. description pages 2 to 7, 9 to 15 as maintained by the first instance, page 8 as filed during the oral proceedings, drawings as granted; claims 1 to 17 filed during the oral proceedings as main request or in the alternative

2. description and drawings as maintained by the first instance; claims 1 to 17 filed during the oral proceedings as 1st auxiliary request or in the alternative

3. description pages 2 to 12 and 14 to 15 and drawings as maintained by the first instance, page 13 as filed during the oral proceedings; claims 1 to 17 as filed during the oral proceedings as 2nd auxiliary request or in the alternative

4. description pages 2 to 12 and 14 to 15 and drawings as maintained by the first instance; page 13 as filed during the oral proceedings; claims 1 to 17 as filed during the oral proceedings as 3rd auxiliary request or in the alternative

5. description pages 2 to 12 and 15 and drawings as maintained by the first instance, pages 13 and 14 as filed during the oral proceedings; claims 1 to 17 as filed during the oral proceedings as 4th auxiliary request or in the alternative

6. description pages 2 to 11 and 15 and drawings as maintained by the first instance, pages 12 to 14 as filed during the oral proceedings; claims 1 to 17 as filed during the oral proceedings as 5th auxiliary request.

1. The appeal is admissible

2. Main request

2.1 The board notes that the thickness value of "155 Å" appearing in the unnumbered table of page 13 of the patent in suit for the silver layer 4a (i.e. the silver layer closer to the glass substrate) falls outside the thickness range (70 Å - 130 Å) for the same layer defined in claim 1 and at page 6, line 5 (item c) of the sequence) or at page 9, line 21 of the description. Thus, assuming that claim 1 does not contain any error (the ranges given therein are in agreement with those given at page 6 (lines 3-11) and page 9 of the description), the skilled person would immediately realize that an error occurred as regards the thickness value "155 Å" of this silver layer.

2.2 The board further notes that, as pointed out by the respondent, on page 13 of the patent in suit the data of the unnumbered table are inconsistent with those of Table 3, because the silver layer 4a having the thickness of 155 Å indicated in the unnumbered table of page 13 was produced by consuming less energy than for the silver layer 4b having a thickness of 110 Å. Thus if both tables are read in the same way, i.e. from the top to the bottom with layer 2a being in contact with the glass substrate as shown on Figure 1, the energy values of Table 3 are contradictory with the thickness values of the unnumbered table of page 13 of the patent in suit. Therefore, the skilled person may obviously have doubts as to whether the energy values for producing the silver layers or the thickness of the silver layers are wrong.

2.3 There is a further inconsistency between the tables on page 13 of the patent in suit as explained hereinafter. The Si3N4 layers 2a, 2b and 2c of the unnumbered table have thicknesses of 450 Å, 950 Å and 400 Å, respectively. According to the coater settings defined in Table 3, these three layers were deposited under the same operating conditions, with the exception that the number of sputtering passes was different in order to adjust the thickness of the respective layers: see the number of passes of "19" for the intermediate layer 2b and the number of passes of "8" for the undercoat and overcoat layers of silicon nitride. The skilled reader immediately identifies a contradiction between the said two tables, because the undercoat and overcoat Si3N4 layers, which according to Table 3 of the patent in suit were both produced by the same number of sputtering passes, namely "8", cannot have under the same sputtering conditions and the same line speed on the one hand a Si3N4 layer thickness of 450 Å (layer 2a) and on the other hand a Si3N4 layer thickness of 400 Å (layer 2c).

Taking the thickness value of the intermediate Si3N4 layer as a basis for calculating the average layer thickness obtained during a sputtering pass, thus the thickness of Si3N4 deposited per sputtering pass would be 950 Å : 19, i.e. 50 Å as argued by the respondent.

Bearing in mind this value, the skilled person may thus immediately deduce from this contradiction the two following possible errors, namely:

i) if the number of passes "8" in the first line and in the last line of Table 3 was supposed correct, the error would lie in the thickness value of the Si3N4 layer 2a;

ii) if on the other hand the thickness values of the Si3N4 layers 2a and 2c were supposed correct, then the number of passes in the first line of Table 3 would be wrong.

The respondent argued that the thickness values of the Si3N4 layers 2a and 2c as well as those of the silver layers have been inverted in the unnumbered table and that the number of passes in the last line of Table 3 is also wrong. The board notes however that, as pointed out above, other plausible errors (see i) and ii) and point 2.2 above) may be identified in the tables of page 13 of the patent in suit.

2.4 The question arises whether the correction proposed, namely the inversion of both the Si3N4 layer thicknesses and the Ag layer thicknesses in the unnumbered table and the replacement of the number of passes "8" by "9" in the last line of Table 3 would satisfy the criteria laid down in Rule 88 EPC, second sentence and Article 123(2) EPC. In this respect, it should be born in mind that according to the decision G 11/91, OJ EPO 1993, 125, point 6. of the reasons "[...], if there is any doubt that nothing else would have been intended than what is offered as the correction, a correction cannot be made".

According to decision G 2/95, OJ EPO 1996, 555, point 2. of the reasons, "the interpretation of Rule 88, second sentence, EPC must be in accord with Article 123(2) EPC. This means that a correction under Rule 88 EPC is thus bound by Article 123(2) EPC, in so far as it relates to the content of the European patent application as filed (G 3/89, loc. cit.; Reasons, 1.3). Such a correction may therefore be made only within the limits of what a skilled person would derive directly and unambiguously, using common general knowledge and seen objectively and relative to the date of filing, from the whole of the documents forming the content of the European patent application (G 3/89, loc. cit.; Reasons, 3). [...]"

2.5 Bearing in mind the remarks of items 2.2 and 2.3 supra, another plausible correction of the error in the unnumbered table could be only the inversion of the thicknesses of the silver layers 4a and 4b. As a consequence of this inversion, in order to avoid any discrepancy between the tables of page 13 as regards the Si3N4 layers, the value "8" in the first line in Table 3 regarding the number of passes may then be corrected by "9".

Alternatively, in addition to the inversion of the thicknesses of the silver layers 4a and 4b in the unnumbered table, instead of the above correction to Table 3, the thickness of the Si3N4 layer 2a in the unnumbered table may be corrected to "400 Å". This would also remove the contradiction between the two tables of page 13 as regards the Si3N4 layers.

2.6 The respondent put forward that when comparing the data of the unnumbered table at page 13 of the patent in suit with those of the preferred embodiments set forth in the description (page 6, lines 36-50 and page 9) and in claim 7 of the patent in suit, the data shown in said unnumbered table appeared to be exactly those of the preferred embodiment but mistakenly inverted as regards the layer sequence, therefore the thickness values in the unnumbered table should be considered as being wrongly inverted in sequence. The respondent also submitted that the data of the unnumbered table were those of the unique example of the patent in suit and as conventionally done in patents, the example corresponded to the preferred embodiment described therein.

The board notes that on page 12, last line of the patent in suit (page 34, lines 16-17 of the application as filed) the layer stack is said to be "that as shown in Figure 1 wherein:". The layer stack of Figure 1 is described on page 9, lines 6-38 of the patent in suit. According to page 9, lines 15-16 (page 25, line 25 to page 26, line 2 of the application as filed) the thickness employed for the four nucleation layers is preferably the same as in US-A-5344718, i.e. about below 7 Å and preferably about 6 Å or less. However the nucleation layers are 7 Å thick in the unnumbered table of page 13 of the patent in suit (page 34 of the application as filed), and thus do not have the thickness of the preferred embodiment described on page 9. Thus, the appellant's arguments that the example according to the unnumbered table corresponds to the preferred embodiment disclosed on page 9 is not convincing since it is not in agreement with the actual teaching on this page. In the other embodiment disclosed on page 6 of the patent in suit or in claim 7 (page 16, lines 5-14 and claim 7 of the application as filed) the thickness of the nucleation layers is of "about 7 Å" and the layers sequence is inverted with respect to that of the unnumbered table; however, the example according to the tables on page 13 does not contain any reference to this embodiment. The application as filed contains no information from which it would be directly and unambiguously derivable that the layers sequence in the unnumbered table corresponds to that of the said embodiment on page 6 or in claim 7 of the patent in suit (page 16, lines 5-14, claim 7 of the application as filed). Even if it is true that in patents, preferred embodiments as defined either in dependent claims or in the description are very often a close reproduction of the example(s), this is nevertheless not an absolute rule and in the present case nothing attests this fact in the patent in suit. It follows from the above that it cannot be directly and unambiguously derived from the application as filed that the data in the unnumbered table on page 13 of the patent in suit (page 34 of the application as filed) corresponds to the preferred embodiments described therein.

In conclusion, since in addition to the correction proposed by the respondent, the above two additional plausible corrections could be envisaged by the skilled person to correct the thickness of the silver layer 4a and to remove the contradictions between the two tables on page 13 (pages 34 and 35 of the application as filed) and since it is not directly and unambiguously derivable from the application as filed that the example on page 13 corresponds to the preferred embodiments, the board considers that the corrections made by the appellant in the two tables of page 13 do not meet the requirements of Rule 88, second sentence EPC and of Article 123(2) EPC. Therefore the main request must be rejected.

3. First auxiliary request

The corrections to the tables at page 13 of the patent in suit are the same as in the main request. Therefore, the considerations and conclusions indicated in item 2 above apply likewise to this auxiliary request which must also fail because it does not meet the requirements of Article 123(2) EPC.

4. Second auxiliary request

In this request, the correction proposed, namely the deletion of the middle column of the unnumbered table and the correction of the number of passes in the last line of Table 3 to "9" (instead of "8" as originally filed), must be rejected for the following reasons. In addition to the proposed correction there would be other plausible ways for correcting the tables at page 13, namely the corrections already indicated in connection with the main request. Furthermore, instead of the correction of the value "8" to "9" in the last line of Table 3, the thickness of the first Si3N4 layer (450 Å) in the unnumbered table could be corrected to "400 Å" in order to remove the discrepancy between the two tables.

Furthermore the respondent argued that as a consequence of the deletion of the middle column and taking into account Table 3 and the reference to Figure 1 on page 12, last line of the patent in suit as well as the description of Figure 1 on page 9 thereof, the skilled person would understand that the glass substrate is located at the bottom in the layer stack of the amended unnumbered table, i.e. with the outermost Si3N4 layer on top. In the board's view, this would mean that the sequence of layers in the unnumbered table of page 13 as amended would thus be inverted with respect to the layers sequence originally disclosed in this table (see the unnumbered table on page 34 of the application as filed). It follows therefrom that the considerations indicated for the main request in connection with the inversion of the layers sequence would apply analogously to the present request and thus that the value "9" in the last line of Table 3 of page 13 cannot be directly and unambiguously derived from the application as filed. Therefore the amendments to the two tables contravene the requirements of Article 123(2) EPC and this request must also be rejected.

5. Third auxiliary request

The correction made in this request, i.e. the simultaneous presence of the corrected unnumbered table (by deletion of its middle column) and of Table 3 in its unamended form does not remove the contradiction between the two tables at page 13 since as already mentioned in item 2.3 supra, the same number of sputtering passes, namely "8", cannot lead on the one hand to a layer thickness of 450 Å and on the other hand to a layer thickness of 400 Å. Due to the presence of this obvious discrepancy between the number of passes for producing the Si3N4 layers and the thicknesses of the layers obtained, the proposed correction is incomplete and thus cannot be considered as deriving directly and unambiguously from the application as originally filed. Furthermore, there are several plausible ways of correcting the discrepancies between the two tables on page 13 and the reasoning concerning the deletion of the middle column and the inversion of the layers sequence in connection with the second auxiliary request also applies to the present request. Hence, the amendment on page 13 of this auxiliary request violates Article 123(2) EPC and the request must therefore be rejected.

6. Fourth auxiliary request

In this request, the amendments carried out, namely the simultaneous deletion of Table 3 and of the middle column of the unnumbered table, do not meet the requirements of Article 123(2) EPC for the following reasons. Firstly, as already stated above, there are several other plausible ways of correcting the errors in the tables of page 13. Secondly, the direct consequence of the absence of the middle column is that the layer stack disclosed in the amended unnumbered table may be read either from the top to the bottom (with the glass substrate at the top) or from the bottom to the top (with the glass substrate at the bottom). The respondent argued that the location of the glass substrate in the unnumbered table could be deduced from the reference to Figure 1 on page 12, last line of the patent in suit and from the description of Figure 1 on page 9, which identifies the thicker Ag layer as being the closest to the top of the layer stack. In the board's view, this would mean that the layers sequence in the amended table on page 13 would be inverted with respect to the one disclosed on page 34 of the application as originally filed (page 13 of the patent in suit). It follows therefrom that the considerations about the said inversion given above in connection with previous requests apply likewise to this request. Therefore this request cannot be allowed under Article 123(2) EPC.

7. Fifth auxiliary request

In this request, the two tables at page 13 and any reference to these tables have been excised from the patent in suit. The deletion of these parts of the description neither extends the scope of protection of the patent, nor does it go beyond the content of the application as originally filed.

The amendments in the claims, namely the systematic deletion of the word "about" from all the claims and the restriction of claim 1 by the feature "said layer e) being substantially thicker than either of the two layers a) and i)" do not go beyond the content of the application as originally filed. A basis for this feature can be found at page 27, lines 5-8 of the application documents as originally filed. Thus the amended claims meet the requirements of Article 123(2) and (3) EPC as regards this request.

8. Remittal to the first instance

During the oral proceedings the appellant pointed out in connection with the issue of sufficiency of disclosure that according to page 8, lines 46-49 of the patent in suit, the thicknesses reported and used therein are optical thicknesses reported in angstrom units, although claim 1 seems to relate to actual thicknesses. In the appellant's view the skilled person did not know in view of the patent whether the thicknesses given therein are optical or actual thicknesses and this would be an additional reason for revoking the patent on the basis of insufficiency of disclosure. The respondent's representative emphasized that this objection was raised for the first time at the oral proceedings although discussion of novelty and inventive step had till now taken place assuming that the claimed thicknesses were actual thicknesses. The respondent's representative tried to reach the respondent during the oral proceedings for instructions to clarify this point but without success. His personal opinion was that the thicknesses in the patent in suit were in fact expressed as in US-A-5344718 (which is referred to at page 9, line 14 of the patent), namely as actual thickness and that the statement on page 8, lines 48-49 of the patent in suit was an additional mistake which should also be corrected.

In the board's view the question whether the thicknesses given in the patent in suit are optical thicknesses or not is essential, in particular for the assessment of novelty and inventive step since for example in the case of Si3N4 the optical thickness would be about twice the actual thickness. The thickness of the other layers may also be affected depending on the index of refraction of the different materials used. Taking into account that this issue was raised for the first time by the appellant at the oral proceedings to further support its objection of insufficiency of disclosure, and that the respondent did not have the opportunity to be heard on this issue and that this issue is essential for the assessment of novelty and inventive step, the board considers that it creates a new situation which should be the subject of consideration at two instances. In these circumstances the board, in the exercise of its discretionary power pursuant to Article 111(1) EPC, finds it appropriate to remit the case to the opposition division for clarification of this point and further prosecution of the case.

Order

ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside

2. The case is remitted to the first instance for further prosecution.

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