Wednesday, March 04, 2026 Provisional answer to paper D2 2026

 Dear all,

Here is our provisional answer to paper D2. We found it a reasonable paper.

As always, your comments are valued.

Paper D2 2026

[001] Today is 3 March 2026. Our company Crystal Clear, based in Germany, is engaged in the business of glass panels. These glass panels can be used for any application but are particularly useful in solar panels.

[002] Glass was first made in the ancient world and Egyptian glass beads are the earliest glass objects known, dating from about 2500 BCE. Conventional glass and large glass panels made therefrom with flat surfaces were described in a review article published over 30 years ago.

[003] Conventional glass is suitable for making glass panels for everyday use, such as simple window glass. However, when used in solar panels, the glass panels show cracks and turn opaque after a few years.

[004] After extensive experimentation, we developed a new compound A. When glass

Comprises compound A, the resulting glass panels are surprisingly more resilient, making them especially suitable for solar panels. This effect was described in German patent application DE-CC that we filed on 20 January 2025. DE-CC additionally describes and claims A. A cannot be obtained by using common general knowledge. The process for obtaining A was not described in DE-CC. We withdrew DE-CC a month after filing.

[005] On 28 February 2025, we filed European patent application EP-CC, claiming priority from DE-CC. The description discloses glass comprising compound B. The description also discloses that when glass comprises B, the amount of energy generated by a solar panel comprising a glass panel made of such glass is surprisingly increased. Independently, EP-CC discloses compound A, glass comprising A, and the effect of A on the resilience of the resulting glass panels. EP-CC further

describes a process for obtaining B and the process for obtaining A, as well as methods

for producing glass panels comprising B and/or A. EP-CC has the following claims: Claim 1 relates to glass comprising B; Claim 2 relates to glass comprising B and A; Claim 3 relates to a glass panel

made of the glass of claim 1; Claim 4 relates to a glass panel made of the glass of claim 2. The European search report only cites a scientific article disclosing B as an anti-oxidant in food and a process for obtaining B. The search opinion is positive.

[006] In May 2025, we sent a brochure to several companies producing solar panels, with a view to attracting potential customers. This brochure discloses A, the process for obtaining it, and glass comprising A.

[007] As a result, we were contacted by potential clients from all over the world, and we

Therefore filed a third patent application PCT-CC-A on 19 January 2026. PCT-CC-A contains the disclosure of DE-CC in its entirety. The description further discloses the process for obtaining A. PCT-CC-A claims priority from DE-CC and has two claims. Claim 1 is directed to compound A and claim 2 to glass comprising A.

[008] Another way to increase the resilience of the glass panels is by making panels with a V-shaped corrugated surface, instead of the flat surface which is commonly used. Our

Researchers found out that panels with a V-shaped corrugated surface are surprisingly more resilient than panels with a flat surface. On 2 July 2023, we filed a PCT application, PCT-CC-V, without claiming priority.

PCT-CC-V contains the results of our research and also discloses and claims a glass panel with a V-shaped corrugated surface (V). These glass panels can be produced by conventional processes.

The necessary PCT fees were paid upon filing. No further action has been taken since

Receipt of the search report drawn up by the EPO together with a positive written opinion that only mentioned the well-known flat surfaces.

[009] Our Japanese competitor Garasu Paneru has also done some research on the effect of the surface of glass panels on the resilience. On 13 December 2023, Garasu Paneru filed an EP patent application EP-GP with three claims. Claim 1 relates to a glass panel with a corrugated surface.

Claim 2 depends on claim 1 and relates to a glass panel with a V-shaped corrugated

Surface (V). Claim 3 depends on claim 1 and relates to a glass panel with a U-shaped corrugated surface (U). All of these glass panels can be produced by conventional processes. EP-GP claims priority from, and is a translation into English of, JP-GP, which was filed by Garasu Paneru on 13 September 2023.

[010] In July 2025, we filed third-party observations against EP-GP, citing the glass panels with a U-shaped corrugated surface that Garasu Paneru showed at a US national exhibition (Translucent Visions) on the island of Hawaii in August 2023. Some of our employees went to this exhibition and prepared a report, which included photos of the glass panels shown. Our arguments regarding the lack of novelty of claims 1 and 3 were submitted to the EPO, but we regrettably forgot to attach the report as evidence. EP-GP was granted without amendments. The mention of the grant was published

on 10 December 2025.

[011] Garasu Paneru has been manufacturing glass panels with a U-shape corrugated surface and glass panels with a V-shape corrugated surface in Japan since October 2025. These glass panels are sold in Europe, and last week we learnt that the glass of these panels comprises A.

[012] We are now ready to manufacture glass panels with a U-shape corrugated surface and glass panels with a V-shape corrugated surface in Europe. The glass of our panels comprises A and B.

We will sell these panels to several clients in Europe.

 

1. Outline the patent situation as it currently stands for the claims of the following

applications:

(a) EP-CC

Filed on 28 Feb 2025 claiming priority from DE-CC filed on 20 Jan 2025

Status: pending; will be published in June 2026.

 

Effective date of claims:

All 4 claims of EP-CC contain feature B.

Feature B is not disclosed in DE-CC.

Therefore, although EP-CC was filed by same applicant, well before expiry of 12m priority period, priority is not valid as the claims do not relate to the same invention.

The effective date of all claims is the filing date: 28 Feb. 2025

 

Claim 1 is directed to glass comprising B.

 

Patentability of claim 1

EP-CC describes how to make glass with B. It is also known how to make compound B, so claim is enabled.

 

Prior art

Scientific article discl. B (cited in search report)

US national exhibition in Hawaii (Aug 2023)

PCT-CC-V - published 18m after filing; 2/7/23 + 18m -->2/1/2025, so if 54(2) prior art

Art 54(3) prior right:

EP-GP - published 18m after prio; 13/9/23 + 18m -->13/3/2025

So EP-GP has priority date 13/9/23 before effective date claim 1 EP-CC but was

published after, and is a European application, so it is art. 54(3) prior right, relevant

for novelty only

 

Novelty

US national exhibition:

Glass panels with U-shaped corrugated surfaces were displayed, but no disclosure of B, so claim 1 novel over this disclosure

PCT-CC-V:

Only discloses glass panels with corrugated surfaces in V shape and U shape;

does not disclose B, so claim 1 novel over PCT-CC-V

EP-GP:

Does not disclose B, so glass comprising B is novel over EP-GP

The scientific article is the only document to disclose B, but only as an anti-oxidant; not in combination with glass.

Therefore claim 1 EP-CC is novel over all prior art.

 

Inventive step

B has the surprising effect of increasing energy generated by a panel made of the glass, so is also inventive.

Claim 1 can lead to valid patent protection for G+B in European states where validated.

 

Claim 2 is directed to Glass + B + A

This is CC's first application for G + B + A, so effective date of claim 1 is 28/2/2028

 

Patentability of claim 2

EP-CC describes how to make glass with B + A.

A process for obtaining A is also disclosed, which is not part of the skilled person’s common general knowledge, so claim 2 is enabled.

Dependent claim 2 is novel and inventive for same reasons as claim 1, and is additionally novel and inventive as none of the prior art documents disclose A, which has the additional technical effect of improving resilience.

Valid patent protection can be obtained for G + A + B

Claim 3 directed to a panel made of G + B and  claim 4 directed to a glass panel made of G+A+B are therefore also novel and inventive.

NB: The process for making A, A itself and G+A are disclosed, but not claimed in EP-CC, although the sjm is patentable (see improvements).

EP-CC can lead to a validly granted patent giving protection in EP states where validated for G + A; G + B + A and panels made of G+A and of G+A+B.

 

(b) PCT-CC-A

Filed on 19 Jan 2026 by CC claiming priority from DE-CC filed on 20 Jan 2025

Status: pending; will be published in late June 2026

Claim 1 is directed to compound A. Claim 2 is directed to Glass with A (G+A).

Compound A and its effect when added to a glass panel are disclosed in DE-CC and PCT-CC-A was filed before the 12m period of DE-CC expired on 20 Jan 2026 (Tue) by same applicant.

However, DE-CC does not contain a disclosure of how to make A. This was not part of

common general knowledge, so compound A is not disclosed in an enabling manner.

Consequently, priority cannot be validly claimed from DE-CC and the effective date of claim 1 and claim 2 of PCT-CC-A is 19 Jan 2026.

Prior art

DE-CC discloses A, but has been withdrawn, so will not be published and is not prior art.

EP-CC discloses A and panels with A, but will not be published until July 2026, so is

not full prior art.

But it has an earlier effective date and if PCT-CC-A enters EP-phase, it will be 54(3) prior art, relevant for assessment of novelty only.

The brochure sent to potential customers in May 2025 is full prior art.

The brochure discloses A and G + A and is novelty-destroying for claim 1 and claim 2. The brochure also provides an enabling disclosure of how to make A, although this is no longer needed for eligibility to serve as prior art (before the EPO).

EP-CC also contains an enabling disclosure of A and G +A and will destroy the novelty of claims 1 and 2 if PCT-CC-A enter the EP phase

 

At present, PCT-CC-A cannot lead to valid patent protection for A and G + A.

 

(c) PCT-CC-V

CC's first application for glass panels with V-shaped corrugated surface: V.

Claim is directed to V and has effective date: 2 July 2023.

Previously, only flat glass panels were known, so claim is novel.

ISR from EPO was positive and no earlier disclosures are known,

Claim is also inventive as V-shaped surface has surprising effect of improving resilience of glass panels.

 

Status: 30m period ends 2 Jan 2026.

The time limit to enter the JP phase has expired.

The 31m period to enter EP phase has also expired - on 2 Feb. 2026

 

At present there is no protection for panels with V-shaped surface.

 

(d) EP-GP

Filed on 13 Dec 2023 claiming priority of JP-GP filed on 13 Sept. 2023.

Status: granted on 10 Dec. 2025

 

JP-GP is GP's 1st application to disclose panel with corrugated surface wherein the corrugations are V-shaped or U-shaped.

EP-GP was filed well within the priority period, by the same applicant and is a translation of the JP priority application, so relates the same invention.

Claim 1 directed to panel + corrugated surface, Claim 2 directed to V-shaped and claim 3 directed to U-shaped corrugations validly claim priority and the effective date of all claims is 13 Sept. 2023.

Prior art

The exhibition in the Hawaii in Aug. 23 occurred earlier and the disclosure of panels with U-shaped corrugations is full prior art and destroys the novelty of claims 1 and 3.

U-shaped corrugations are a species of corrugations and the public disclosure destroys the novelty of claim 1.

If PCT-CC-V were to enter the EP phase, it has an earlier effective date and will have been published later in Jan 2025, and would be novelty destroying Art. 54(3) prior art.

But PCT-CC-V has not entered, so claim 2 is novel over known flat panels and also over the exhibition disclosure, as V-shaped were not shown.

EP-GP has been granted, but has not been validly granted.

 

2. As the situation currently stands:

(a) Is Crystal Clear free to produce and sell its glass panels in Europe?

The panels with U-shaped and V-shaped corrugations that CC wants to produce and sell in Europe fall under the scope of the granted claims in EP-GP.

Under a presumption of validity, the products would infringe this patent.

EP-GP claim 1 is currently in force, and can be used to stop CC from manufacturing or

selling (or offering for sale, importing, storing) glass panels with any shape of corrugated

surface in Europe, in any countries in which EP-GP is validated.

Especially Germany and other Group-1 London agreement countries where validation is automatic

So at the moment, CC is not free to produce or sell their glass panels with U-shape or V-shape

 

(b) Is Garasu Paneru free to produce its glass panels in Japan and sell its glass panels in Europe?

At present there is no IP that blocks GP from manufacturing or selling its panels in Japan.

EP-CC has not been published yet, so gives no protection at the moment. In any case the panels being sold in EP comprise compound A only. EP CC will give protection for panels with B only or B in combination with A, so will not be infringed.

PCT-CC-V has not entered any national phase and PCT-CC-A has not been published and at present the claims are not novel over the prior art.

There are also no IP rights that block GP in Europe, so they are free.

 

3. What can Crystal Clear do to improve their position?

PCT-CC-V - enter EP phase

As mentioned, Euro-PCT-CC-V is deemed withdrawn because entry acts of R. 159(1) were not performed before 31m period expired.

This can be remedied with further processing.

The time limit is 2m from notification a loss of rights communication from the EPO.

No information that such a communication has been received, so 2m time limit is probably still running. There is no need to wait for the communication.

Even if it has been issued, we are within 2m from expiry of the 31m period so still in time to request FP.

 

Complete the omitted acts: pay filing fee, pay examination fee and designation fee + 50% extra as FP fee.

File written request for examination and pay flat FP fee.

The renewal fee for the 3rd year was also due at 31m, as this date later than R. 51(1) date.

This can still be paid within 6m from expiry 31 m period + 50% surcharge

2/2/26 + 6m --> 2/8/26

Effect: granted patent protection for Panels with V-shaped corrugated surface can be

obtained in EP states where validated

PCT-CC-V becomes novelty-destroying 54(3) prior art for claim 2 of EP-GP.

 

Further improvements.

Enter A.S.A.P, waive R. 161/162 communication and request accelerated prosecution to get fast grant.

After grant, validate at least in EP countries where GP has been selling.

Prior to grant, establish provisional protection in such states by complying with the relevant national requirements.

GP has been selling panels with V-shaped corrugations and will be liable for reasonable

Compensation as from date of provisional protection.

 

Japan

The 30m period to enter JP phase has lapsed. I will consult with a colleague in Japan about possibilities for late entry.

 

EP-GP

EP-GP granted on 10 Dec. 2025 - file opposition

The 9m period does not expire until 10 Sept. 2026, so plenty of time.

Pay opposition fee.

Oppose all 3 claims on the ground of lack of novelty.

Include report and evidence from the third party observations that were forgotten

Exhibition in Hawaii destroys novelty of claims 1 and 3 of EP-GP

Also cite Euro-PCT-CC-V, which destroys novelty of claims 1 and 2 of EP-GP

Likely outcome: EP-GP will be revoked.

You will then be free to sell your panels and manufacture them in DE.

 

PCT-CC-A - add priority claim

EP-CC discloses A , process for making A and a glass panel with A.

EP-CC describes how to make compound A and is CC’s first application for the process, It is also the first application to provide an enabling disclosure of A and G+A.

PCT-CC-A claim 1 and 2 are directed to this same invention.

It was filed within 12m of EP-CC by same applicant, so priority can be validly claimed.

The time limit to add the declaration of priority, which can be submitted to the IB or EPO as rO is later of 4m from PCT filing date or 16m from earliest priority

4m period expires on 19 May 2026

16m expires: 20/01/2025 + 16m --> 20/05/2026

20 May 2026 is last day, so still plenty of time.

Effect of adding priority claim:  effective date of claims in PCT-CC-A becomes 28 Feb. 2025

The exhibition in US is then no longer prior art and claims 1 and 2 are novel.

EP-CC is also prevented from becoming novelty-destroying 54(3) prior art.

The surprising effect of improved resilience supports inventive step and granted patent

protection can be obtained for A and G+A.

 

Further improvements: request early publication.

Perform early entry in JP to block manufacture of U-shaped and V-shaped panels with A

 

Enter EP early as well to block sales of panel with A in Europe.

Upon entry to EP, add a claim to the process, which has not yet been claimed, and establish provisional protection in EP states where GP is selling panels with compound A.

After grant, their sale of U-shaped panels + A will infringe Euro-PCT-CC-A.

The sale of V-shaped panels will infringe Euro-PCT-CC- A and V.

 

Alternatively, to get protection in Europe for A:

Do not enter EP phase and

File a divisional application from EP-CC with claims directed to the process for making A, compound A itself and  G+A.

This subject matter has not been searched in EP-CC and is non-unitary, so a divisional is necessary.

After filing, request early publication and establish provisional protection in EP states where GP is selling.

EP-CC

To get a grant a.s.a.p. request early publication, pay fee for examination and designation fee, request PACE.

After grant, valid in EP states which are important markets for glass panels.

At the moment, GP is not using compound B in its products, but there is currently no IP rights which protect panels with B only.