5 tips to prepare your European patent in view of a potential opposition
These five tips can help ensure your European patent is in a good position to defend a possible opposition.
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European universities have a reputation for academic excellence. Although, compared to other advanced economies, they have traditionally struggled transferring their academic research to market. Patenting is a key tool for the successful commercialisation of academic research. For example, academic patents filed by universities are often used to create impact or revenue through licensing, industry collaborations, or the formation of spin-out companies. The European Patent Office (EPO) has recently published a report of a study that reveals the trends in academic patenting by European universities and the different patenting strategies taken by universities.
The study collected data on academic patent applications filed at the EPO over two decades between 2000 and 2020. The European universities studied are not limited to those in the EU and include universities in the United Kingdom. The study makes a distinction between direct and indirect academic patent applications to provide insights into the different channels of knowledge transfer. Direct patent applications are those filed directly by European universities, whereas indirect patent applications are not filed by European universities but include at least one European university-affiliated researcher listed as an inventor. Indirect patent applications are typically filed by companies as a result of collaborations with universities.
Below, we have highlighted some of the key findings from the study.
The study reveals that in 2019 European universities contributed just over 10% of all patent applications filed at the EPO by European applicants, up from about 6% in 2000. The data shows a steady increase in patenting by European universities over the period of 2000-2019.
Not only does the study reveal an increase in overall numbers of academic patents filed by European universities, it also reveals an increase in the proportion of academic patents filed directly by European universities over the period studied. In 2019, 45% of all academic patents filed at the EPO were direct patent applications, up from 24% in 2000. This increase in direct patent ownership by European universities has been supported by a shift in university and national patenting practices and policies over the years. For example, one notable policy change includes the abolition of professor’s privilege (where university researchers are entitled to their inventions) in several European countries. The report also highlights that variations in policies relating to IP ownership and management at a national and university level influence the different patenting strategies and commercialisation routes taken by universities.
The report reveals that over 1200 European universities have filed patent applications at the EPO, but only a small number (5%) of these universities account for half of all patent applications.
The leading universities in academic patenting include: Technical University of Munich (Germany), University of Grenoble Alpes (France), Oxford University (UK), Swiss Federal Institute of Technology Zurich (Switzerland), University of Copenhagen (Denmark), and Polytechnic University Milan (Italy), among others.
These leading universities benefit from having well-established, experienced knowledge transfer offices (KTOs) that facilitate collaborations with industry and other research organisations, as well as generating impact and significant revenue from their IP.
36% of all academic patent applications filed directly by European universities between 2015 and 2019 were co-owned with one or more other research organisation(s). Common co-applicants with European universities include, public research organisations, as well as research hospitals and foundations.
The report also reveals that between 2015 and 2019, indirect patent applications (i.e. those not filed by European universities, but which include at least one European university-affiliated researcher as a listed inventor) accounted for the majority of all academic patents filed at the EPO. Of the indirect patent applications filed during this period, about 80% were filed by companies, with SMEs alone accounting for about 34% of all indirect patent applications. Start-ups are of particular interest as a way of accelerating the transfer of research from universities to industry/market. Start-ups accounted for about 12% of all academic patents filed between 2015 and 2019.
More frequently, co-owned applications and indirect applications involve research organisations or companies that are based/headquartered in the same country as the university, or the researcher’s university. This demonstrates that collaboration networks are often formed at a national level. France, Belgium and Italy were among the countries with the highest proportion of co-owned applications filed, with more than one third of patent applications filed directly by European universities in these countries including a co-applicant between 2015 and 2019, thereby indicating strong collaboration networks within these countries.
However, the formation of national collaboration networks as opposed to wider collaboration networks between countries has been identified as a potential barrier to the effective transfer of academic research to market across Europe. The report highlights that addressing the lack of connected innovation clusters across different countries and sectors could be a way forward to overcoming the fragmented innovation ecosystem in Europe.
The correlation between the patenting activity of European universities and their local industry ecosystem was also reported. European universities in countries with higher levels of industrialisation were shown to file higher numbers of academic patents at the EPO. This is to be expected due to the greater opportunities for collaboration in these countries. However, academic patents account for only a small number of the overall patents filed in such countries due to the greater number of patents filed by industry.
On the other hand, European universities in countries with less developed industries (e.g. Central and Eastern Europe) tend to file fewer academic patents at the EPO. Although, these applications account for a larger proportion of local patent applications, which are frequently filed as indirect patent applications by local partner companies.
To view the full report, please visit www.epo.org/university-innovation-study.
At Wilson Gunn, we support a growing number of UK-based universities and are experienced in providing expert advice on academic patenting covering a wide range of scientific fields. In line with the report, we too have observed an increase in patenting activity by our university clients in recent years, as well as an increase in the number of universities choosing us to handle their IP. If you are interested in finding out more about academic patenting and how it can help transfer academic research to market/industry, please contact us to speak to one of our patent attorneys.