EPO revokes crucial patent for driver assistance systems

Chinese glass manufacturer Fuyao Glass owns EP 3 187 917 B1, which covers such an HUD. This is a driver assistance system with which important vehicle data and traffic-relevant information can be projected directly onto the driver’s field of vision on the windscreen, thus enhancing driver safety and improving navigation efficiency.

As part of the HUD, light with a specific polarisation (p-polarisation) is projected onto the glass pane at a specific angle. The pane has a metal layer that reflects the p-polarised light and thus prevents double images. Without this technology, wedge-shaped intermediate foils would have to be installed between the two individual panes, which is complex and expensive. In particular, the features of patent claim 1 are generally realised by HUDs in practice.

Reports show that the market for vehicle HUD glass is poised to grow substantially, thus giving rise to a highly competitive industry.

Attack on inventive step

Two opponents challenged Fuyao’s patent in an EPO opposition. Saint-Gobain Glass, a German subsidiary of French industrial group Companie de Saint-Gobain, produces, transforms and distributes glass for building construction (under the name Saint-Gobain Glass) and the automotive market (under the name Saint-Gobain Glass Sekurit). It supplies specialised glass for aeronautics, electrical household appliances, commercial refrigeration, and optics.

AGC Glass Europe is an international glass manufacturing group based in Belgium and the European branch of Japanese glass manufacturer AGC.

They based their opposition on prior art and lack of inventive step. Their main arguments were that it is common practice in the industry through prior art or for the person skilled in the art to embed a metal layer that reflects light in dielectric layers.

In December 2023, the EPO Opposition Division revoked EP 917 in its entirety due to lack of inventive step. Fuyao appealed the decision and filed further auxiliary requests in the course of the proceedings. Nevertheless, the Boards of Appeal have now upheld the first-instance decision, revoking the patent due to lack of inventive step, thus clearing the way for competitors.

Mewburn to Maiwald

A team from Munich-based mixed firm Maiwald represented Fuyao Glass Industry. Patent attorney and partner Claus Schindele took over from Mewburn Ellis in the appeal. Mewburn’s Bristol-based partner and patent attorney Daniel Brodsky as well as patent attorney Ashley Cresswell had defended the patent in the first instance at the Opposition Division. The latter meanwhile moved to Kilburn & Strode.

In-house patent attorney Florian Arno Feist of Saint-Gobain Sekurit, a German subsidiary of the French industrial group, filed the opposition for first opponent Saint-Gobain Glass.

For the opposition proceedings, Arno brought in Dieter Gebauer of Munich boutique Splanemann. The patent attorney has a long-standing relationship with the client and advises it on a variety of IP matters such as filing, prosecution, oppositions, nullity, and litigation. For example he represented the client in a dispute with Asahi over glass-coating technology

The second opponent AGC Glass Europe relied on an in-house team. Patent attorneys Stephanie Postiaux and Samia Chabou acted for their employer at the EPO.