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 0998/17 25-03-2021
Facebook X Linkedin Email

T 0998/17 25-03-2021

European Case Law Identifier
ECLI:EP:BA:2021:T099817.20210325
Date of decision
25 March 2021
Case number
T 0998/17
Petition for review of
-
Application number
05761954.6
IPC class
A63F3/06
B42D15/00
B32B7/12
B32B15/12
B41M3/00
B41M7/00
Language of proceedings
EN
Distribution
NO DISTRIBUTION (D)

Download and more information:

Decision in EN 428.52 KB
Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

LOTTERY TICKET WITH METALIZED SCRATCH OFF LAYER

Applicant name
Pollard Banknote Limited Partnership
Opponent name
Scientific Games Holdings Limited
Board
3.2.04
Headnote
-
Relevant legal provisions
European Patent Convention 056 (2007)
Keywords
Inventive step - (no)
Catchword
-
Cited decisions
T 1830/11
G 0001/99
T 0183/09
Citing decisions
T 1958/19

I. The appeal was filed by the appellant (opponent) against the interlocutory decision of the opposition division to uphold the patent in suit on the basis of the auxiliary request 1.

II. Oral proceedings were held before the Board on 25 March 2021.

III. The appellant (opponent) requested that the decision under appeal be set aside and that the European patent No.1802380 be revoked.

The respondent (proprietor) requested that the appeal be dismissed and the patent thus be maintained as upheld by the opposition division (main request), or auxiliarily, maintained on the basis of auxiliary request 1 or 2, both filed with letter of 6 April 2020, or on the basis of auxiliary request 3, filed at the oral proceedings before the Board.

IV. The independent claims of the main request read as follows:

"1. A method of manufacturing a lottery ticket comprising:

providing a substrate layer (20);

defining a game area on a front surface of the substrate layer;

printing indicia defining game data (22) on the substrate layer in the game area;

the substrate layer (20) being arranged to or having one or more coatings (21) thereon which are arranged to prevent access to the game data from a rear surface of the substrate;

applying at least one fixing layer (23) over the game data in the game area which is arranged to prevent release of the printed game data from the substrate layer;

applying at least one opaque scratch-off layer (25) over the at least one fixing layer,

a metal layer (29) being adhesively attached onto the opaque scratch-off layer;

and arranging the scratch-off layer (25) with the adhesive layer (28) and the portions of the metal layer (29) thereon such that the scratch-off layer, the adhesive layer and the portions of the metal layer separate from the at least one fixing layer and break down into fragments when scratched by a player;

CHARACTERIZED IN THAT the metal layer is adhesively attached by:

applying a rear surface of an adhesive layer (28) onto at least a part of a front surface of the previously applied opaque scratch-off layer (25) so that the adhesive layer when applied has an exposed front surface;

providing the metal layer (29) carried on a transfer carrier layer (44) so that the metal layer (29) has an exposed first surface and a second surface attached to the carrier layer;

contacting the exposed first surface of the metal layer (29) on to the exposed front surface of the adhesive layer (28);

and causing those parts of the metal layer (29) which are contacted by the front surface of the adhesive layer (28) to transfer from the carrier layer (44) onto the front surface of the adhesive layer (28) leaving other parts of the metal layer (29) which are not contacted by the front surface of the adhesive layer (28) remaining attached to the carrier layer (44) such that the parts of the metal layer (29) which remain attached to the carrier layer (44) are carried away from the ticket,

wherein an area on the substrate layer covered by the front metal layer (29) and the adhesive layer (28) covers only one part of an area on the substrate covered by the scratch-off layer (25)."

"6. A lottery ticket comprising:

a substrate layer (20);

a game area defined on a front surface of the substrate layer;

indicia defining game data (22) printed on the substrate layer (20) in the game area;

the substrate layer being arranged to or having one or more coatings (21) thereon which are arranged to prevent access to the game data from a rear surface of the substrate;

at least one fixing layer (23) applied over the game data in the game area which is arranged to prevent release of the printed game data from the substrate layer;

at least one opaque scratch-off layer (25) applied over the fixing layer, the scratch-off layer being arranged such that it separates from the fixing layer and breaks down into fragments when scratched by a player;

an adhesive layer (28) applied over at least a part of a front surface of the opaque scratch-off layer so as to be attached thereto;

and a front metal layer (29) adhesively attached onto the opaque scratch-off layer (25);

the front metal layer (29) and the adhesive layer (28) being arranged such that they break down into fragments with the scratch-off layer (25) when scratched by the player.

CHARACTERIZED IN THAT the scratch-off layer (25) is applied using a printing process (41) and

the front metal layer (29) has a rear surface directly attached to the adhesive layer (28) and a front surface of the front metal layer providing a front surface of the lottery ticket which is exposed to view,

wherein an area on the substrate layer covered by the front metal layer (29) and the adhesive layer (28) covers only part of an area on the substrate covered by the scratch-off layer (25)."

Independent claims 1 and 6 of auxiliary request 1 read as for the main request, except that the following wording is added to the end of both claims: "in the game area".

Independent claim 1 of auxiliary request 2 reads as for the main request, except that the last feature is amended to read as follows (with deletions and additions emphasised by the Board in strike-through and underline): "wherein [deleted: an area on the substrate layer covered by the front metal layer (29) and the adhesive layer (28) covers only part of an area on the substrate covered by the scratch-off layer (25)] the metal layer (29) and the adhesive layer (28) cover only selected areas of the game area".

Independent claim 6 of auxiliary request 2 reads as for the main request, except that the last feature is amended to read as follows (again with deletions and additions emphasised): "wherein [deleted: an area on the substrate layer covered by the front metal layer (29) and the adhesive layer (28) covers only part of an area on the substrate covered by the scratch-off layer (25)] wherein [sic] the metal layer (29) and the adhesive layer (28) cover only selected areas of the game area".

Auxiliary request 3 reads as for the main request, except for the deletion of the independent device claim (claim 6) and its dependent claims.

V. In the present decision, reference is made to the following documents:

E1 : WO 02/093474 A1

E3 : WO 03/020519 A1

E11: US 6358607 B1

VI. The arguments of the appellant-opponent can be summarised as follows:

E11 should be admitted into the proceedings.

The subject matter of claim 6 of the main request lacks an inventive step starting from E1 in combination with E11.

Auxiliary requests 1, 2 and 3 should not be admitted into the proceedings.

The subject matter of claim 1 of auxiliary request 3 lacks an inventive step starting from E1 combined with E3.

VII. The arguments of the respondent-proprietor can be summarised as follows:

E11 should not be admitted into the proceedings because it is late filed.

The subject matter of claim 6 of the main request involves an inventive step when starting from E1 and considering E11.

Auxiliary requests 1, 2 and 3 should be admitted into the proceedings.

The subject matter of auxiliary request 3, claim 1 involves an inventive step in the light of E1 with E3.

1. The appeal is admissible.

2. Background

The invention relates to a lottery ticket which includes a scratch-off layer covering game indicia which can be exposed by the player for playing the lottery. The invention also relates to a method of manufacturing a lottery ticket (see published patent specification, paragraph [0001] and claims 1 and 7).

According to the invention (see all versions of the independent claims), the lottery ticket has a front metal layer adhesively attached to the scratch-off layer.

3. Admission of document E11

3.1 E11 was filed with the grounds of appeal. It is thus late filed and its admittance is subject to the discretion afforded by Article 12(4) RPBA (2007) with Article 114(2) EPC. E11 is said to have been filed as a response to the amended claims of the main request.

3.2 The Board notes (see impugned decision, facts and submissions, points 6 and 9) that just 1 month before the opposition oral proceedings, the proprietor withdrew all its previous auxiliary requests and filed 12 new auxiliary requests. During the oral proceedings, auxiliary request 12 was made the first auxiliary request and is the current main request.

3.3 This request combines granted claims 7 and 10. In so doing, it raised to prominence, for the first time, the feature of the front metal layer and adhesive layers covering only a part of the scratch-off layer as an indispensable feature of the invention.

According to established jurisprudence (see Case Law of the Boards of Appeal, 9th edition, 2019 (CLBA) V.A.4.11.3.c, in particular T1830/11, headnote and reasons, part 1) there are no provisions in the EPC which oblige the opponent to provide evidence against every possible fallback position defined in dependent claims.

In the present case, it is true that the proprietor filed auxiliary requests 1 to 12 in opposition just within the 1 month time limit defined by Article 116 EPC. The circumstances of the present case are therefore different from T1830/11 where a new request combining dependent claims was filed at oral proceedings.

Nevertheless, in the Board's view, just as an opponent cannot be expected to know which claim of a set of granted dependent claims might be used to uphold a patent, so too could the opponent in the present case not have known which of the 12 auxiliary requests on file at the start of the opposition oral proceedings might eventually be used to uphold the patent. This only became clear at the oral proceedings. Under these circumstances, the Board considers that filing E11 at the earliest opportunity in appeal was a timely reaction to the impugned decision. In other words, the Board considers E11 to have been filed in due time in the sense of Article 114(2) EPC.

3.4 Moreover, the Board considers E11 (see for example abstract, column 4, lines 22 to 26 and figure 5a) to be prima facie relevant to claim 1, since it discloses scratch-off labels where a front security element 6 is adhesively attached to the scratch off layer 5 and extends only partly over the scratch off layer.

3.5 For these reasons, the Board decided to exercise its discretion under Article 12(4) RPBA with Article 114(2) EPC by admitting document E11 into the proceedings.

4. Main request, claim 6, inventive step starting from E1 with E11

4.1 E1 discloses a lottery ticket (see for example page 1, lines 6 and 7, page 8, lines 1 to 5 figures 1 and 2 and claim 31).

4.2 In summary, E1's lottery tickets have a game area in which game data indicia are printed (cover information - see page 2, lines 25 to 29). A fixing layer is applied over the game data (see page 10, lines 1 to 5 with figures 7 and 9 - layer 8). Over the fixing layer an opaque scratch-off layer 7 is applied (see page 9, line 26). Such layers break down into fragments when scratched (see page 1, lines 18 to 25). An adhesive layer is applied over the opaque scratch-off layer 7 (see page 9, lines 22 to 26 - layer 6).

A front metal layer - layer 5 - is adhesively attached to the scratch-off layer (see page 9, lines 21 to 22). Since E1's scratch-off layer breaks down into fragments when scratched, so too will the overlying adhesive and metal layers.

Thus, E1 discloses the preamble of claim 6 - which is the same as for granted claim 7 - as indeed the patent confirms (see published patent specification, paragraph [0015]).

4.3 The Board disagrees with the opposition division's finding (cf. impugned decision, reasons, 2.4) that E1 does not disclose that the scratch-off layer is applied using a printing process. El discloses (page 9, lines 26 to 30) to use scratch-off inks. In a broad context ink does not have to be applied by printing, for example it could be painted on by hand. However, in the present context of a lottery ticket, produced in an automated way and which already has other elements provided by printing (see for example, page 5, lines 1 to 3, page 11, lines 3 to 5), the Board holds that the use of ink to make the scratch off layer in such an automated way can only mean that it is applied by some kind of printing process. In this respect, the Board is not convinced by the respondent-proprietor's argument that the ink could be applied by a transfer process, which would not be printing. This is because such a transfer process with ink would involve pressing ink onto a surface to leave an imprint, which is a form of printing. The Board also finds it implausible that ink might be painted onto the security device by some kind of automated painting tool when producing lottery tickets as the respondent-proprietor has argued. Thus, the Board holds that it is implicit that in E1 the scratch-off ink is printed.

4.4 In the Board's opinion, E1 also discloses that a front surface of the front metal layer provides a front surface of the lottery ticket which is exposed to view as claimed. In particular, the feature defines that the metal layer provides a front surface in the sense of its being exposed to view. This does not require its also being exposed to touch as the respondent-proprietor would have it. In other words, the metal layer must be visible when the user looks at the front of the lottery ticket, but does not need to form the absolute exterior of the ticket.

4.5 In E1, the aluminium layer 5 is part of a hologram layer which has a thermoplastic embossing layer 3 and an optical variability producing microstructure layer 4 above it to produce an optical effect. E1 refers to this structure as a diffractive optically variable image device - DOVID (see page 1, lines 34 to 36 and page 9, lines 20 to 21 with figures 7 and 9, which show the same layers 3 and 4 as figures 1 and 2). The purpose of the DOVID's aluminium layer is to enhance reflection. Therefore, it provides a front surface of the lottery ticket which is exposed to view as claimed.

4.6 However, in the Board's view, E1 does not disclose the last claim feature (the front metal / adhesive layers cover only part of an area on the substrate covered by the scratch-off layer).

In E1 (see page 6, lines 17 to 20 and page 13, lines 7 to 11 with figure 9), the DOVID is transparent in certain areas 18 so that the scratch-off layer is visible. Since metal is opaque, this transparency can only be achieved by the metal layer not extending over the whole of the DOVID. Indeed, this appears to be indicated by the broken line of the metal layer 5 in the areas 18 (cf. page 4, lines 33 to 37), whereas the adhesive layer 6 appears to be continuous.

4.7 In examining inventive step, a first consideration is what technical effect this differing feature has.

In this regard the patent first states (see published patent specification, paragraphs [0021] and [0034]) that the metal / adhesive layers may cover all of the game area, a part or parts of it. It goes on to explain (see paragraph [0047], first sentence) that the metallic layer may simply be decorative rather than a security coating, so may be applied only over a part of the game area giving the opportunity for different graphics effects. Therefore, beyond the graphic effect of the user seeing some parts of the scratch-off layer whilst other parts are hidden by the metallic layer, the patent does not suggest any technical effect arising from the differing feature (partial coverage), let alone one of increased security as the respondent-proprietor has suggested.

Paragraph [0047] (see second sentence) continues by explaining that, even if the metallic layer is applied to only selected areas it may still provide additional security effects. Here the conditional clause even if confirms that no enhanced security is achieved by partial metallisation: rather, any security effect achieved by the metallic layer as such may be retained even with only partial coverage of the scratch-off layer. This is consistent with the third and final sentence which gives the example of a metallic layer enhancing security by protecting against compromising the device with chemicals. In the Board's view, the protection afforded by such a layer could not be increased by decreasing its extent. Rather, only where the metallic layer is present might it protect against chemicals.

4.8 Therefore, this differing feature (metal/adhesive layers cover only a part of the scratch-off layer) merely has the graphic effect of exposing some parts of scratch-off layer to view whilst others are metallised.

4.9 E1 (see page 6, lines 17 to 20) achieves the same graphic effect by making the DOVID transparent in parts to expose the underlying scratch-off layer to view.

4.10 Therefore, the objective technical problem can be formulated as: how to modify E1's lottery ticket to expose the scratch-off layer to view in an alternative way.

4.11 In the Board's view, faced with this problem, the skilled person would consult E11 for a possible solution, since it also relates to devices which conceal secret information with a scratch-off layer (see column 1, lines 5 to 8 and column 2, lines 24 to 29). Moreover, like E1, E11 discloses to overlay the scratch-off layer with a hologram (see column 3, lines 5 to 10).

4.12 In this respect the respondent-proprietor has argued that the skilled person would not combine E1 and E11 because E11 does not mention a lottery ticket.

In particular, the respondent has alleged, but without providing any supporting evidence, that lottery tickets use different technology to other security devices such as those concealing a bank pin code (cf. E11, column 1, lines 10 to 17) because the former involve greater sums of money.

4.13 The Board does not find this convincing. The fundamental idea of a scratch card device is to cover up secret information with a scratch-removable layer, regardless of what the secret information might represent (for example a lottery number or bank pin code). Because E1 and E11 both relate to scratch cards, the skilled person would consider combining their teachings.

4.14 Reading E11, the skilled person will see that in one embodiment (see column 4, lines 22 to 26 with figure 5a), the scratch-off layer 5 is partially covered by an authentication mark 6 and partially exposed. In the Board's view, the skilled person would immediately realise that the authentication mark's partial coverage offers an alternative way of exposing parts of the scratch-off layer.

4.15 Therefore, the Board holds that it would be obvious for the skilled person to modify E1's DOVID hologram layer so that, instead of having a transparent part, it only covered a part of the scratch-off layer. In so doing, the skilled person would arrive at the subject matter of claim 1 without having made an inventive step.

4.16 In this regard, the respondent-proprietor has argued that the skilled person would not modify the lottery ticket of E1 in this way because a fundamental security concept of E1 is to have first indicia in the DOVID which graphically relate to or cooperate with second indicia elsewhere (see for example page 2, lines 22 to 29) and therefore the skilled person would not abandon E1's arrangement whereby the DOVID extends across the entire scratch-off layer. The Board disagrees. Whether the DOVID extends over a part or all of the scratch off layer has no influence over what graphic indicia it might have.

4.17 The respondent-proprietor has also argued that the skilled person would not consider the teaching of E11's figure 5a because it is not clear from that embodiment whether the authentication mark is merely an overprint, a hot embossed foil, with or without a hologram or an engraving in the scratch-off layer (cf. E11, column 4, lines 5 to 14). In other words, it is not directly and unambiguously disclosed that the authentication mark incorporates a metallic layer, so the skilled person would not consider this embodiment as providing any information as to how to modify the lottery ticket of E1, with its metal layer as part of a DOVID. The Board disagrees.

4.18 E1 already tells the skilled person how to apply an optical effect with a metal layer (the DOVID). Therefore the skilled person is not looking to E11 to teach them how to do this. Rather, their mind is focused on finding an alternative way of exposing the scratch-off layer to view. In the Board's opinion, the skilled person will immediately see from figure 5a and column 4, lines 22 to 26 that the authentication mark 6 provides such an alternative, simply by not extending completely over the scratch-off layer, irrespective of the technology used to make it.

Put differently, it is entirely within the skilled person's normal skills of comprehension and abstraction to recognise that this aspect can be applied broadly, namely with any form of authentication mark, what ever kind figure 5a might show.

4.19 For all these reasons, the Board concludes that the subject matter of claim 6 of the main request lacks an inventive step. Therefore this request fails.

5. Auxiliary requests 1 and 2, admittance

5.1 Auxiliary requests 1 and 2 were not filed with the respondent proprietor's reply to the appeal but only after the summons and the Board's communication had been issued. Their admittance is at the Board's discretion under Articles 13(1) and 13(3) RPBA 2007 (see Article 25(3) RPBA 2020) taking into account, amongst other things, the need for procedural economy.

5.2 No justification for the late filing of these submissions has been given, nor is any apparent to the Board. Moreover, neither request appears, prima facie, to be appropriate for overcoming the deficiencies found for the main request (lack of inventive step), without raising new issues. Nor has the respondent-proprietor argued to the contrary.

5.3 Regarding auxiliary request 1, claim 6 adds the feature that the area covered by the front metal layer and the adhesive layer is in the game area. In E1 (see figure 9), this is likewise the case - the game area being at least the area having the data 12, above which the metal layer 5 and adhesive layer 6 are provided. Therefore, the added feature does not appear suitable for rendering the subject matter of claim 6 inventive.

5.4 Regarding auxiliary request 2, this request deletes a feature from claim 6 (and claim 1) as maintained, namely that an area on the substrate layer covered by the front metal layer and the adhesive layer covers only part of an area on the substrate covered by the scratch-off layer. This deletion broadens the scope of claim 6 beyond that which was maintained. Allowing this request of the non-appealing respondent would, at least in this respect, put the appealing party (the opponent) in a worse position than it would have been in had it not appealed. Therefore, the request appears to fail under the prohibition of reformatio in peius (see G1/99, headnote).

5.5 For these reasons, the Board decided to exercise its discretion under Article 114(2) EPC with Article 13(1) RPBA 2007 and Article 25(3) RPBA 2020 by not admitting auxiliary requests 1 and 2 into the proceedings.

6. Auxiliary request 3, admittance

6.1 The auxiliary Request 3 was filed at the latest possible point in time, that is, not until during the oral proceedings before the board. The revised version of the Rules of Procedure of the Boards of Appeal (RPBA 2020) entered into force on 1 January 2020, Article 24(1) RPBA 2020, i.e. after notification of the summons to oral proceedings. Therefore, Article 13 of the Rules of Procedure of the Boards of Appeal in the version valid until the date of the entry into force of the revised version (RPBA 2007) continues to apply, Article 25(3) RPBA 2020.

6.2 The admissibility of the request at that very late stage of the proceedings is thus subject to the discretion of the board under Article 13(3) RPBA 2007. According to that article, amendments sought to be made after oral proceedings have been arranged shall not be admitted if they raise issues which the Board or the other party or parties cannot reasonably be expected to deal with without adjournment of the oral proceedings.

6.3 During the oral proceedings, the Board found the subject matter of device claim 6 of the main request (as upheld) to lack inventive step starting from E1 in combination with E11. In response the respondent-proprietor filed the auxiliary request 3, which, by deleting all device claims, was limited to the method claims of the patent as upheld. The deletion of all device claims in auxiliary request 3 undoubtedly addressed not only that inventive step objection but all other objections raised against the device claims, such as added subject-matter, by rendering them moot. Only those objections that the other party had to date validly raised against the method claims of the patent as maintained remain.

6.4 Because these issues had already been raised previously the deletion of the device claims does not give rise to any new issues. Moreover, the other party, having raised these issues previously, and the Board could be expected to deal with with them without adjournment of the oral proceedings. For these reasons, the board decided to admit auxiliary request 3 into the proceedings, Article 13(1) RPBA 2007 with Article 114(2) EPC.

7. Auxiliary request 3, claim 1, inventive step starting from E1 with E3

7.1 Claim 1 (which is the same as claim 1 of the main request) defines a method of manufacturing a lottery ticket. The features of claim 1's preamble correspond to those of the preamble of claim 6 of the main request, albeit expressed in terms of method steps. It is not in dispute that E1 discloses all these features (cf. above, point 4.2 and the published patent specification, paragraph [0015]).

7.2 The characterising features of claim 1 are as follows (with feature numbering that has been used by the parties added by the Board):

1.10 applying a rear surface of an adhesive layer onto at least a part of a front surface of the previously applied opaque scratch-off layer so that the adhesive layer when applied has an exposed front surface;

1.11 providing the metal layer carried on a transfer carrier layer so that the metal layer has an exposed first surface and a second surface attached to the carrier layer;

1.12 contacting the exposed first surface of the metal layer on to the exposed front surface of the adhesive layer;

1.13 and causing those parts of the metal layer which are contacted by the front surface of the adhesive layer to transfer from the carrier layer onto the front surface of the adhesive layer leaving other parts of the metal layer which are not contacted by the front surface of the adhesive layer remaining attached to the carrier layer such that the parts of the metal layer which remain attached to the carrier layer are carried away from the ticket,

1.14 wherein an area on the substrate layer covered by the front metal layer and the adhesive layer covers only part of an area on the substrate covered by the scratch-off layer.

7.3 It is not disputed that E1 does not disclose the characterising features 1.10 to 1.14.

7.4 Features 1.10 to 1.13 define a transfer process by which the metal layer starts off being attached to a transfer carrier layer, but which is then, partly transferred to the scratch-off layer by adhering it thereto where adhesive is present.

7.5 In the Board's view, E1 is silent as to whether the arrangement shown in figure 9 is assembled by a transfer process or built up as a label. Whilst E1 explains that both ways of making a security device are possible (see page 6, lines 33 to 36), it simply does not disclose how the particular device of figure 9 is made, other than that the first indicia 12a are printed (cf. page 12, lines 12 to 15 and page 13, lines 7 to 13).

7.6 As to the last claim feature, 1.14, E1's method does not result in an area of the substrate covered by the front metal and adhesive layers covering only a part of the scratch-off layer. As already explained for the main request, in E1 figure 9, although there are gaps in the metal layer that provide transparency, there appear to be no gaps in the adhesive layer 6.

7.7 Considering the differing features explained above, the Board notes that the patent (see for example the published patent specification, paragraphs [0031], [0041] and [0042] with figure 4) does not disclose any particular advantage of providing the metal layer by a transfer process. The process is merely described. Therefore, the Board agrees with the parties that the objective technical problem can be expressed as how to adapt the method of making a lottery ticket according to E1 to provide an alternative way of applying the metal layer (cf. E1, figure 9, layer 12 with its transparent regions 12a, where metal is not continuously present).

7.8 In the Board's view, E3 offers such an alternative. In particular (see page 4, 3rd and 4th paragraphs, and page 6, 3rd and 4th paragraphs and page 11, 3rd paragraph to page 14, 2nd paragraph with figure 4), E3 proposes to print an adhesive pattern 37 onto a substrate 34, then to transfer a metal foil 10 mounted on a release layer onto the adhesive pattern as the foil/release layers pass between the guide rollers 46, 48. Only where there is adhesive will the foil be transferred, the rest is carried away on the carrier layer, as explained on page 13, last but one paragraph to page 14, 2nd paragraph.

7.9 Therefore, faced with the objective technical problem (alternative way of applying the metal to parts of the scratch-off layer), the skilled person would apply the technique disclosed in E3 and thereby arrive at the differing features, as a matter of obviousness.

7.10 In this regard, the Board notes that, because in E3 the adhesive is applied as a pattern, there will inevitably not be a continuous adhesive layer but only directly underneath the metal foil in the finished product. Therefore, the resulting method would satisfy the last feature of claim 1, feature 1.14.

7.11 The respondent-proprietor has argued that an important aspect of E1's teaching (see again page 9, lines 19 to 22 with figure 9) is to provide a thermoplastic embossing layer 3 and an optical variability producing microstructure 4 above the metal layer 5, therefore, so the respondent reasons, the skilled person would not abandon these layers, retaining only the metal layer. Thus, according to the respondent, the combination of E1 and E3's teaching would lead to the application of E1's metal layer together with its overlying embossing layer 3 and optical variability producing microstructure 4 by a transfer method. The Board finds this plausible.

However, E3's method is not restricted to only transferring a metal layer. The foil to be transferred may include several layers (see page 6, 4th paragraph, 1st to 3rd sentences).

7.12 Moreover, the Board does not agree with the respondent-proprietor's further argument that claim 1's feature 1.11 implicitly results in the manufacture of a ticket where the metal layer is the outermost layer.

According to this feature, the second surface of the metal (the one initially attached to the transfer carrier layer) is not said to be directly attached to the carrier layer. Feature 1.11 merely requires some kind of attachment (direct or indirect) between the metal's second surface and the carrier layer. In other words, the feature does not exclude there being other layers between the surface of the metal and the carrier layer.

7.13 Thus, in solving the problem of modifying E1 to provide an alternative way of applying the metal to parts of the scratch-off layer, the skilled person would use E3's transfer method to transfer E1's metal layer and overlying embossing layer 3 and optical variability producing microstructure 4 to those areas of the scratch-off layer that should be covered by metal (by applying adhesive there), but not to those parts which should be visible (where there is no adhesive). In so doing the skilled person would arrive at the subject matter of claim 1, as a matter of obviousness.

7.14 Therefore, the subject-matter of claim 1 lacks inventive step and auxiliary request 3 fails.

8. Since the respondent-proprietor's main request and auxiliary request 3 lack inventive step, Article 56 EPC and the remaining requests - auxiliary requests 1 and 2 - have not been admitted into the proceedings, the Board must revoke the patent.

Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The patent is revoked.

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