The EP 20 86 755 patent from ArcelorMittal describes a method for creating a hot-stamped coated steel sheet product that is both light and durable. The technology is used by the automotive sector among others to ensure that structural sections of cars have a very thin coating. This reduces weight, which is essential for reducing CO2 emissions. The invention therefore has a very high potential commercial value.
After the EPO granted EP 755, suppliers of steel products Salzgitter Flachstahl and Tata Steel filed an opposition in 2017. Soon after, Volkswagen, Thyssenkrupp, and auto parts suppliers Muhr and Bender did the same. Due to a lack of innovation and inadequacy, the companies asked the EPO to invalidate the patent.
ArcelorMittal, based in Luxembourg, submitted supplemental requests to the patent claim during the opposition process.
The EPO Opposition Division affirmed EP 755 in modified form in the mid of 2020, although it excluded ArcelorMittal's auxiliary requests. Thus, the patent holder appealed the judgement. It asked the EPO to either uphold the patent as granted, based on the auxiliary request taken into consideration by the Opposition Division, or based on a new main request submitted with the appeal (auxiliary request 105).
The Boards of Appeal then granted the appeal. They overturned the Opposition Division's ruling and upheld the patent in its revised form, based on the primary demand.
The contested patent is a member of the same patent family as EP 32 90 199.
It is a divisional of EP 755 and was recently revoked by the EPO Opposition Division. Volkswagen, Tata Steel, and Salzgitter Flachstahl were the opponents once more.
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