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
        • Research universities and public research organisations
        • 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 0604/04 (PF4A receptors/GENENTECH) 16-03-2006
Facebook X Linkedin Email

T 0604/04 (PF4A receptors/GENENTECH) 16-03-2006

European Case Law Identifier
ECLI:EP:BA:2006:T060404.20060316
Date of decision
16 March 2006
Case number
T 0604/04
Petition for review of
-
Application number
92910478.4
IPC class
C12N 15/12
Language of proceedings
EN
Distribution
DISTRIBUTED TO BOARD CHAIRMEN (C)

Download and more information:

Decision in EN 90.53 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

Human PF4A receptors and their use

Applicant name
GENENTECH, INC.
Opponent name
SmithKline Beecham plc
Board
3.3.08
Headnote
-
Relevant legal provisions
European Patent Convention Art 56 1973
European Patent Convention Art 57 1973
European Patent Convention Art 83 1973
Keywords

Main request - claims 21 and 22 - sufficiency of disclosure - no

Auxiliary request I - inventive step - yes

Auxiliary request I - industrial applicability - yes

Catchword
-
Cited decisions
T 0338/00
T 0870/04
T 1329/04
G 0009/92
Citing decisions
T 0898/05
T 1165/06
T 1172/06
T 1069/08
T 0488/16
T 0424/21

I. European patent No. 0 577 752 with the title "Human PF4A receptors and their use" was granted on the basis of the European patent application No. 92 910 478.4 published as WO 92/17497, with 22 claims for all Designated Contracting States except ES and GR and 30 claims for the Designated Contracting States ES and GR.

Claims 1 to 3, 17, 21 and 22 (for all non-ES, non-GR States) read as follows:

"1. An isolated platelet factor 4 superfamily receptor (PF4AR) polypeptide having at least an 85% amino acid sequence homology with the translated amino acid sequence of figures 2, 4 or 5.

2. An isolated PF4AR polypeptide wherein the nucleic acid encoding the PF4AR polypeptide hybridises with the complement of the nucleic acid encoding the polypeptide of figures 4 or 5 under high stringency conditions.

3. An isolated PF4AR polypeptide comprising an amino acid sequence that is at least 10 residues in length and is contained in an extracellular region of the polypeptide of figure 4 or 5 and is capable of raising an antibody that will cross-react with the polypeptide of figure 4 or 5.

17. A monoclonal antibody that is capable of specifically binding the PF4AR polypeptide according to any one of claims 1 to 5.

21. A composition comprising the monoclonal antibody of any one of claims 17 to 20 and a pharmaceutically acceptable carrier.

22. A monoclonal antibody of any one of claims 17 to 20 for use in therapy or diagnosis."

Dependent claims 4 to 9 related to further features of the polypeptide of respectively claim 3, 1 to 4, 1 and of any one of the preceding claims. Claims 10 to 12 and 13 respectively related to nucleic acids and an expression vector encoding /comprising the sequence of the PF4AR polypeptide of any one of the preceding claims. Claims 14, 15 and 16 respectively related to a host cell transformed with the expression vector of claim 13 and to methods of using a nucleic acid sequence encoding the PF4AR polypeptide of any one of the preceding claims. Claims 18 to 20 related to monoclonal antibodies capable of binding the PF4AR polypeptide of Figure 2, 4 or 5 or to fragments thereof.

Corresponding claims were granted for the Designated Contracting States ES and GR.

II. An opposition was filed under Article 100(a) to (c) EPC for reasons of lack of novelty, lack of inventive step, insufficiency of disclosure, added subject-matter and non-compliance with Articles 52(2) and 57 EPC.

The opposition division maintained the patent in amended form on the basis of the second auxiliary request then on file comprising 17 claims corresponding to granted claims 1, 6 to 19, 21 and 22 insofar as they directly or indirectly related to the translated amino acid of Figure 2. The corresponding claims were maintained for the Designated Contracting States ES and GR.

III. The opposition division rejected all claims directly or indirectly relating to the translated amino acid sequences of Figure 4 or 5 for lack of inventive step and lack of industrial applicability. In its opinion, cloning the DNA encoding these polypeptides was an obvious task and the polypeptides themselves had not been characterised as having technically useful properties, or a credible function. In this respect, reference was made to Rule 23e(3) EPC and Recital 23 of the EU Directive 98/44/EC of 6 July 1998.

IV. The appellant (patentee) filed an appeal and submitted a statement of grounds of appeal together with seven new documents.

V. The board sent a communication pursuant to Article 11(1) of the Rules of Procedure of the Boards of Appeal identifying the issues to be discussed at oral proceedings and stating its preliminary non-binding opinion.

VI. Observations were received by a third party under Article 115 EPC on 8 December 2005.

VII. The respondent (opponent) who had not hitherto made any submissions during the appeal proceedings advised the board by its letter dated 11 January 2006 that it would not attend the oral proceedings.

VIII. In answer to the board's communication, the appellant filed a further submission together with four auxiliary requests and six new documents.

IX. Oral proceedings took place on 16 March 2006. The four auxiliary requests were abandoned and a new auxiliary request I was filed.

Auxiliary request I for all designated contracting states except Spain and Greece comprised 32 claims. Claims 1 to 17 were the claims accepted by the opposition division, namely granted claims 1, 6 to 19, 21 and 22 directly or indirectly relating to the translated amino acid sequence of Figure 2. Claims 18 to 32 were the granted claims 1 to 4, 7, 10 to 17, 19 and 20 directly or indirectly relating to the translated amino acid sequence of Figure 4 or 5. Claims 18 and 30 read as follows:

"18. An isolated platelet factor 4 superfamily receptor (PF4AR) polypeptide having at least an 85% amino acid sequence homology with the translated amino acid sequence of figure 4 or figure 5.

30. A monoclonal antibody that is capable of specifically binding the PF4AR polypeptide according to any one of claims 18 to 21."

The request did not comprise claims corresponding to granted claims 21 and 22 (section I, supra).

The corresponding claims were filed for Spain and Greece.

X. The following documents are mentioned in the present decision:

(1) : Grob, P. M. et al., The Journal of Biological Chemistry, Vol. 265, No. 14, pages 8311 to 8316, May 1990;

(2) : Holmes, W. E. et al., Science, Vol. 25, pages 1278 to 1280, September 1991;

(22) : Stoeckle, M. Y. and K. A. Barker, The New Biologist, Vol. 2, No. 4, pages 313 to 323, April 1990.

XI. The appellant's arguments in writing and during oral proceedings which are relevant for the present decision may be summarised as follows:

Main request, claim 1 relating to an isolated PF4AR polypeptide with the translated amino acid sequence of Figure 4 or 5.

Article 56 EPC; inventive step

Document (2) embarked on characterising the receptors for known cytokines beginning with the IL-8 receptor - resulting in the cloning of the sequence of Figure 2. So one could postulate a future extension of the work in document (2) looking for the receptors to the other known cytokines of that family. If one were to go down that route, one might follow an expression cloning route as was done for the Fig. 2 receptor but one would not naturally follow a route of hybridisation screening using the Fig. 2 sequence since one would not know the extent of homology with the Fig. 2 sequence and therefore not know what conditions to use.

The remarkable thing about the work that led to the Fig. 4 and Fig. 5 sequences was that they were in fact found by hybridisation screening. Since their ligands were not known, there was no reason to suppose that they even existed. And the very fact that these turned out to be receptors whose ligands were not known meant that they could not have been found by the ligand screening method used for the sequence of Fig. 2.

Para.[0164] of the printed patent was not reflecting any doubt that the polypeptides of Figures 4 and 5 were members of a family of receptors: they had structural and homology features that rendered it plausible to hold that belief. The fact that they resembled the IL-8 receptor more than any other receptors added confidence to the belief that they belonged to the PF4AR family of receptors. The fact that they did not bind to the other known ligands so far tested did not mean that they should not be regarded as part of that family, since they may bind to other PF4A ligands that had not yet been discovered or tested.

In summary, the inventive step comprised the following contributory elements: (a) uncertainty as to whether there was anything there to find, (b) uncertainty as to the experimental methodology appropriate to find them (if they existed), and (c) the difficulty in deploying what turned out to be the appropriate methodology.

Article 57 EPC; industrial applicability

The prior art itself recognised the therapeutic potential surrounding the chemokines and their receptors in connection with inflammation and wound healing in particular, so the common general knowledge appreciated those important practical aspects that would flow from the identification of chemokines and their receptors.

The very fact that much about the particular biology of these molecules remained to be elucidated made it important to have research tools for that purpose. One of the most important research tools in that connection would be antibodies, particularly monoclonal antibodies. The antibody research tools resulting from the invention did not require knowledge of the ligands and indeed were probably important in identifying them. But beyond that, an antibody that blocked the receptor and thereby produced a useful physiological effect of therapeutic potential did not require that one knew the identity of the ligand. Diagnostic use of the DNA, protein and antibodies to PF4A receptors was mentioned on pages 20 to 22 of the patent in suit, in a variety of contexts.

Right from the outset, if new PF4A receptors were found, there was obviously going to be a demand for the proteins themselves and antibodies to the proteins, if only for the purpose of finding more about them. So at the very least a claim to antibodies to the proteins of Figures 4 or 5 should certainly be regarded as capable of industrial application. This was also true for the receptors themselves which were being used in the industry that commercially made the antibodies.

The situation was different from the situation described in T 870/04 of 11 May 2005 for BDP1 which suggested a role in complex cellular signal transduction or cellular housekeeping but without identifying any therapeutic use whereas the present patent clearly and unequivocally identified a role for antibodies to the receptors of Fig. 4 and 5 in anti-inflammatory treatment [par.0151].

In the case dealt with in decision T 338/00 of 6 November 2002, the description contained references to the possible relevance of the disclosed heterodimers in several physiological processes. The board concluded on this basis that the products disclosed in the application were aimed at a direct technical result that may clearly be applied in an industrial activity and, in consequence, held that the claimed subject-matter fulfilled the requirements of Article 57 EPC. It was very much the case with the present invention also. This family of chemokines were of intense interest because of their already known activities. Therefore the identification of their receptors and consequent derivation of antagonizing molecules such as antibodies to the receptors had obvious practical implications which justified acknowledgment of industrial applicability.

Claims 21 and 22 relating to a composition comprising a monoclonal antibody against either of the polypeptides of Figure 4 or 5 and to a monoclonal antibody against said polypeptides for use in therapy and diagnosis.

Article 83 EPC; sufficiency of disclosure

A monoclonal antibody that is capable of specifically binding the PF4AR polypeptide of Figure 4 or 5 was a monoclonal antibody directed against the receptor of a member of the PF4A family of chemokines. These chemokines were known to mediate inflammation. By providing the monoclonal antibody, the appellant provided for the first time a means to fight inflammation. Accordingly, claims to a pharmaceutical composition or to a first medical indication should be allowed.

XII. The third party's submissions under Article 115 EPC insofar as relevant to the present decision may be summarised as follows:

Main request; claim 1 relating to an isolated PF4AR polypeptide with the translated amino acid sequence of Figure 4 or 5.

Article 56 EPC; inventive step

The closest prior art was document (2) and the objective problem to be solved could be formulated as the provision of receptors for further members of the IL-8 family of cytokines. This aim was already mentioned in said document and, thus, the criterion "obvious to try" was satisfied.

The criterion "reasonable expectation of success" was also answered in the affirmative as the positive clones comprising the DNA encoding the polypeptides of Figure 4 or 5 were identified without any difficulties by the classical method of DNA hybridisation to a known probe. In addition, the patent in suit did not provide any data that the alleged receptors bound ligands, in fact no effect was associated with them. Thus, inventive step could not be acknowledged on the basis of the properties of the newly isolated molecules, either. For these reasons, the requirements of Article 56 EPC were not fulfilled.

Article 57 EPC; industrial applicability

The standards to be fulfilled for industrial applicability to be acknowledged were clearly identified in the earlier decision T 870/04 (Headnote; supra). The patent in suit did not identify the ligands to the claimed receptors, only hypothesizing that once they were identified, then they could be used for diagnosis. The claimed polypeptides were only "believed" to represent receptors for different and as yet undetermined members of the PF4 superfamily. The indication that the DNA of Figures 4 and 5 would be useful for diagnosis was highly speculative. These mere assumptions did not fulfil the above mentioned standards. The requirements of Article 57 EPC were not fulfilled.

XIII. The appellant requested that the decision under appeal be set aside and that the patent be maintained as granted as main request or on the basis of auxiliary request I filed at the oral proceedings on 16 March 2006.

In its submission dated 11 January 2006, the respondent requested that the decision of the opposition division be maintained.

1. The patent proprietor is the sole appellant against the interlocutory decision maintaining the patent in amended form on the basis of the second auxiliary request only comprising claims directly or indirectly relating to the translated amino acid sequence of Figure 2. In accordance with the Enlarged Board of Appeal's decision G 9/92 (OJ EPO 1994, 875), the maintenance of the patent on the basis of this set of claims cannot be challenged. The appeal is, thus, confined to assessing the validity of the decision of the first instance concerning the claimed subject-matter defined in relation to the translated amino acid sequences of Figure 4 or 5.

Main request for all designated contracting states except Spain and Greece

Claim 1 to an isolated PF4AR polypeptide having at least an 85% sequence homology with the translated amino acid sequence of Figure 4 or 5.

Article 56 EPC; inventive step

2. The patent in suit claims priority from the two priority documents US 677 211 and US 810 782 respectively filed on 29 March 1991 and 19 December 1991. There is no disclosure of the polypeptides having the amino acid sequences of Figure 4 or 5 in the first of these priority documents. Claim 1 is, thus, not entitled to the first priority date. Consequently, document (2) which was published in September 1991 is part of the state of the art and may be considered when evaluating inventive step. In fact, it is the closest prior art.

3. Document (2) describes the structure and functional expression of a human interleukin-8 receptor. On page 1278, IL-8 is defined as a chemoattractant for neutrophils which belongs to the superfamily of pro-inflammatory cytokines (also known in the art as the PF4A superfamily). In the passage bridging the first and second column, it is mentioned that:

"In order to better understand the range of activities exhibited by this family of cytokines, we have begun to characterize the family of receptors with which they interact, beginning with the IL-8 receptor".

The cloning of the DNA encoding the IL-8 receptor is achieved using a strategy involving the expression of the receptor in the positive recombinant clones which are accordingly identified by their ability to bind to **(125)I-labeled IL-8, ie the screening of the positive clones involves the use of the receptor's specific ligand. On the basis of a comparison between the IL-8 receptor sequence and those of two other neutrophil chemoattractants, it is suggested that the IL-8 receptor belongs to the subfamily of related G protein-coupled receptors that transduce signals for the IL-8 family of pro-inflammatory cytokines (page 1280, left-hand column).

4. Starting from the closest prior art, the problem to be solved may be defined as pursuing the characterisation of receptors interacting with members of the PF4A family of cytokines.

5. The solution provided is the two polypeptides of Figures 4 and 5. The first question which arises is whether or not these are bona fide solutions to the above defined problem. In accordance with the case law (T 1329/04 of 28 June 2005),

"the definition of an invention as being a contribution to the art, i.e. as solving a technical problem and not merely putting forward one requires that it is at least made plausible by the disclosure in the application that its teaching solves indeed the problem it purports to solve."

6. The patent in suit discloses in section [0164] with reference to the polypeptides of Figures 4 and 5 that: "Like the IL-8 receptor of Fig. 2 they are members of the G-protein-coupled superfamily" and also in section [0169], that the amino acid sequences of Figures 4 and 5 respectively share 34% and 38% identity with the IL-8 receptor. The ligands of these polypeptides are not identified. For this reason, there is no absolute certainty that the polypeptides of Figures 4 and 5 are receptors for members of the PF4A family of cytokines - to which IL-8 belongs -. Yet, in the board's judgment, the above mentioned structural features make it plausible that this is indeed the case.

7. In this context, it is worth noticing that the situation is different from that encountered in the decision T 1329/04 (supra) where it was not accepted that the polypeptide SEQ ID No. 3 then claimed was a member of the TGF-beta superfamily. In this earlier case, in addition to the fact that the polypeptide had not been shown to have any function, its structure did not conform to that expected from members of this family and the expected sequence homology to previous members of the family was not present.

8. Having concluded in the affirmative as regard the plausibility that the molecules of Figures 4 and 5 are receptors for members of the IL-8 family of cytokines, the second question to be answered is whether or not they may be considered inventive.

9. Document (2) discloses a straightforward and successful method for the isolation of the IL-8 receptor, namely by using an expression cloning strategy (point 3, supra). Document (22), a review reflecting the common general knowledge on chemokines at the filing date teaches that numerous such molecules had already been identified (see in particular Table 1). The obvious way for the skilled person to solve the above mentioned problem of finding the receptors for chemokines would, thus, have been to proceed as in document (2), using radiolabelled derivatives of the chemokine of interest to identify which recombinant clones would bind to it, ie which recombinant clones expressed the corresponding receptor. The appellant chose to proceed differently; it used IL-8 cDNA for probing under low stringency conditions cDNA libraries made from cells for which IL-8 was a chemoattractant (HL-60, document (1), abstract; lymphocytes, document (22), Table 3). In doing so, it provided the possibility of isolating receptors irrespective of the proteins they were receptor for. This course of action was undoubtedly unexpected and, beside, it was fraught with uncertainties given that low stringency conditions of hybridisation might result in the isolation of cDNA artefacts. Had this different method not been chosen instead of the expression cloning strategy, the two molecules of Figures 4 and 5 would not have been isolated. Thus, inventive skills were exercised when isolating the claimed polypeptides which imply that they are patentable providing that they fulfil the further requirements for patentability.

10. Of course, claim 1 is not restricted to the polypeptides of Figures 4 and 5 but is rather directed to PF4AR receptor polypeptides having at least 85% homology with the amino acid of Figures 4 or 5. In the board's judgment, this does not alter the findings on inventive step insofar as firstly, the claimed "85% homologous" polypeptides have to belong to the PF4AR family of receptors and secondly, inventive step was acknowledged on the basis of the method of isolation of the relevant clones being unexpected.

11. All further claims which are within the scope of the appeal (see point 1, supra) directly or indirectly relate to the translated amino acid sequences of Figures 4 and 5. Consequently, they fulfil the requirements of Article 56 EPC.

Article 57 EPC; industrial applicability

12. The technical information in the patent in suit relating to the polypeptides of Figures 4 and 5 is found in sections [0164], [0168] and [0169], with a short reference to the probe used for the isolation of the corresponding cDNAs on page 6, lines 37 to 39. Section [0168] describes the relevant cloning method. In section [0169], it is disclosed that the polypeptides themselves are respectively 34% and 36% identical to the IL-8 receptor. In section [0164], the polypeptides of Figure 4 or Figure 5 are identified as members of the G-protein-coupled superfamily of receptors and it is observed that they bear greater similarity to the IL-8 receptor than other receptors. The recombinant cells bearing them are said not to respond to the specific chemokines of the PF4A family which had been tested, whether they be from the CXC subfamily (IL-8 itself, MGSA) or from the CC subfamily (Rantes, MCP1). It can be inferred from the remainder of the description that, like the IL-8 receptor, the polypeptides of Figures 4 and 5 could be used, in particular, to isolate monoclonal antibodies (Mab) which, in turn, may be suitable to inhibit the inflammatory response due to the natural chemokine ligand (eg sections [0146] and [0147]).

13. In summary, the patent in suit identifies applications for the claimed polypeptides which may ultimately lead to some profitable use. It provides a structural characterisation which enables their assignment to the category of receptors which bind members of the PF4A family of chemokines and, insofar, indicates what their function might be. Yet, in the absence of any characterisation of their ligands, this function remains at best incompletely understood.

14. The earlier decision T 870/04 (supra) identified a number of criteria which had to be fulfilled for industrial applicability to be acknowledged. In particular, it is stated in point 6 of the "Reasons for the Decision" that:

"(3) In cases where a substance, naturally occurring in the human body, is identified, and possibly also structurally characterised and made available through some method, but either its function is not known or it is complex and incompletely understood, and no disease or condition has yet been identified as being attributable to an excess or deficiency of the substance, and no other practical use is suggested for the substance, then industrial applicability cannot be acknowledged."

15. The board agrees with the criteria defined in T 870/04 and observes that, taken in isolation, the technical data provided in respect of the polypeptides of Figures 4 and 5 fall somewhat short of fulfilling them insofar as, as already above mentioned, there is no evidence available as to which ligands these polypeptides bind to. Yet, of course, each case has to be considered on its own merit (see eg. T 338/00 of 6 November 2002) and it is important here to take into account the common general knowledge at the priority date as well as the then prevalent attitude of the person skilled in the art as it may be inferred from the documents illustrating this common general knowledge.

16. In 1991, chemokines were already known as mediators of the inflammatory response, a role which most of them were thought to play, in particular, through being chemoattractants (document (22), page 313, left-hand column and Table 3). Chemoattraction implies a biological interaction of the chemokines with the cells which they attract which involves binding to the receptors present on the cell surface. Thus, the skilled person would understand that any role of a given chemokine was reflected in its receptor.

17. It is striking that at that date, there seems to have been a wider acceptance of the practical importance of chemokines than that to be attributed to specific members of the family. Indeed, it is mentioned on page 320 of document (22):

"The PF4-related proteins comprise two families of small secreted peptides... These proteins function as chemoattractants, activating agents, and mitogens for specific types of cells that are involved in the inflammatory response. One of the major challenges is to determine the biological activities of each of these closely related peptides....Other important areas for investigation are to unravel the pathways of signal transduction that lead to induction of these genes and to identify the receptors and signal transduction pathways that are activated by these proteins. Finally, the PF4-related proteins are attractive targets for the development of new therapeutic agents. Inhibition of their activity may be an effective anti-inflammatory strategy and promoting that activity might enhance wound healing and tissue repair." (emphasis added by the board).

18. It is clear from this statement that chemokines as a family were considered not only to be interesting in fundamental research but also as important for the pharmaceutical industry irrespective of whether or not their role had been clearly defined. It follows that their receptors must have been considered equally important since the mode of action of chemokines is through their receptors. It is, thus, reasonable to conclude that the polypeptides of Figures 4 and 5 which exhibit the characteristics of receptors of members of the PF4A family of cytokines would have been regarded as important to the pharmaceutical industry, ie that industrial applicability may be acknowledged.

19. As all further claims on appeal directly or indirectly relate to the polypeptides of Figures 4 and 5 (DNA encoding them, method of production, monoclonal antibody there against), they fulfil the requirements of Article 57 EPC.

Article 83 EPC; sufficiency of disclosure

20. Sufficiency of disclosure was also cited as a ground of opposition. In the decision of the first instance, it was not assessed in respect of the claimed subject-matter now on appeal since this was rejected under Articles 56 and 57 EPC. Taking into account the length of the proceedings, the board decides to make use of the provisions of Article 111 EPC to exercise the power of the opposition division to evaluate whether or not the claimed invention is sufficiently disclosed.

21. At the first instance, the respondent only gave very short reasons for its opinion on sufficiency of disclosure (point 3.2 of the grounds of opposition), namely that

- the patent in suit did not disclose the ligands for the receptors of Figures 4 and 5, and that

- it did not disclose "a utility in respect of association of the receptor with a diseased state".

22. The first of these arguments does not appear to be relevant to sufficiency of disclosure insofar as the identity of the ligands has no bearing on the isolation of the polypeptides of Figures 4 and 5 (see point 9, supra). In the board's judgment, and in the absence of any evidence to the contrary, the patent specification provides adequate experimental instructions for the skilled person to be able to reproduce without undue burden the polypeptides of Figures 4 and 5 and also polypeptides which would 85% homologous therewith.

23. The second argument is somewhat unclear. The board interprets it as meaning that the patent in suit did not adequately disclose any involvement of the receptor in a disease state and that, consequently, it did not disclose any therapeutic use directly or indirectly involving the receptor. A therapeutic use/a pharmaceutical composition indirectly involving the polypeptides of Figures 4 and 5 are, in fact, claimed in the form of monoclonal antibodies raised against them for these purposes. Accordingly, what is at stake is sufficiency of disclosure in respect of the subject-matter of claims 21 and 22.

24. The patent in suit provides no evidence at all that an antibody blocking the receptor would thereby produce a useful physiological effect of therapeutic potential.

25. Document (22) (page 320, right-hand column) teaches that the PF4-related proteins are mediators of the inflammatory response which have some activities that are overlapping; for example, Table 3 shows that the ability of being a chemoattractant for neutrophils which is associated with the inflammatory response is shared by many chemokines (IL-8, betaTG, PF4). Thus, unless experimentally demonstrated, it is not evident that the blocking of the receptor for any one specific chemokine with monoclonal antibodies would, on its own, necessarily result in a therapeutic effect. Consequently, the mere disclosure of a monoclonal antibody against the polypeptides of Figure 4 or 5 without identifying a diseased state caused by the "misfunctioning" of these polypeptides is not sufficient to acknowledge a use in therapy for the monoclonal antibody. For these reasons, it is concluded that the requirements of Article 83 EPC are not fulfilled in respect of the subject-matter of claims 21 and 22.

26. At oral proceedings, the appellant remarked that it would somehow be odd if industrial applicability was to be acknowledged to the polypeptides of Figures 4 and 5 on the basis of them being receptors of members of a family of proteins involved in the inflammatory response while sufficiency of disclosure would be denied in respect of monoclonal antibodies against these polypeptides for use in therapy.

27. However, the board's decision to accept industrial applicability was not made on the above mentioned basis but on the basis that at the priority date, the person skilled in the art perceived chemokines and any molecules capable of interfering with their activity as of great interest to the pharmaceutical industry if only to investigate their potential as targets for drug development, irrespective of what the end result might be (see the last two sentences in the passage of document (22) cited point 17, supra). The conclusion cannot be drawn from this reasoning that monoclonal antibodies to the polypeptides of Figures 4 or 5 could necessarily be of use in therapy or as a pharmaceutical composition.

28. The main request is rejected for lack of sufficient disclosure in respect of the subject-matter of claims 21 and 22.

Auxiliary request I for all Designated Contracting States except Spain and Greece

29. Claims 1 to 17 of this request are not the subject-matter of the appeal. Claims 18 to 32 correspond to granted claims 1 to 4, 7, 10 to 17, 19 and 20 of the main request directly or indirectly relating to the amino acid sequence of Figures 4 and 5 - the introduced amendments simply reflecting the necessity for re-numbering. They fulfil the requirements of inventive step, industrial applicability and sufficiency of disclosure for the same reasons as given for the granted claims. The claim request does not contain any claims corresponding to the claims 21 and 22 of the main request which caused the request as a whole to be refused (points 19 to 28). The auxiliary request, thus, fulfils the requirements for patentability.

Auxiliary request I for Spain and Greece

30. Claims 1 to 23 of this request are not the subject-matter of the appeal. The conclusions as regard patentability of claims 18 to 32 of auxiliary request I for all Designated Contracting States except Spain and Greece apply to claims 24 to 42 of these requests for the reasons given in points 2 to 28.

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 with the order to maintain the patent on the basis of auxiliary request I filed at the oral proceedings on 16 March 2006 and a description to be adapted thereto, if necessary.

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