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Patrick Oliver

Statement welcoming EP report on AI and IPR

IP2Innovate welcomes an own initiative report by the European Parliament adopted today which urges policymakers to safeguard the European patents system from abuse.

The report by MEP Stephane Séjourné on intellectual property rights for the development of artificial intelligence technologies is one of several AI-related reports being considered in the European Parliament’s Legal Affairs committee. Others cover aspects such as ethics.

“We have been calling for stronger safeguards to protect the European Union’s patent system against abuse for years. The digital age brings with it complex innovations often containing hundreds or more patented elements within them. With the rise in the number of patents being granted there is also, sadly, a rise in the number of firms trying to game the system – so-called patent trolls,” said Patrick Oliver, executive director of IP2Innovate.

AI is no different. “The growth of AI is likely to spark a surge in patent applications, and it too could soon be plagued by non-practicing entities gaming the system,” he said.

“Europe will struggle to fulfil its ambition to become a global leader in AI if the intellectual property system doesn’t better protect against players whose sole aim is to exploit patents for a quick profit.

“These non-practicing entities have no intention of bringing inventions to market. Instead they deter genuine innovators – especially SMEs,” Mr Oliver said.

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JUVE Patent blog

Patent law reform: Bundestag introduces principle of proportionality

After months of deliberation, the German Bundestag has finally decided on amendments to a new federal government patent law. It will introduce a proportionality test for the right to an injunction under patent law. The decision comes just a few months before Germany elects a new parliament, and a new government.

IP2Innovate welcomes the call by CDU/CSU to introduce a proportionality test in the German Patent Act to better protect innovators against patent trolls

In a recent  the German Conservatives (CDU/CSU) Elisabeth Winkelmeier-Becker and Ingmar Jung express concerns over abusive litigation practices by patent trolls, which distort the market and undermine Germany’s attractiveness as a business location. They note that in light of the high complexity of modern products, companies can no longer completely rule out the possibility of patent infringements. In this context, an unlimited right to injunctive relief create unwarranted leverage for patent trolls who buy up patents only to assert them against companies and extract disproportionately high settlements. Solutions proposed by CDU/CSU are the introduction of a proportionality test in the German Patent Act as well as a synchronisation of infringement and nullity proceedings.
IP2Innovate

IP2Innovate calls on the European Commission to strengthen EU law to ensure a balanced patent system and enhance Europe’s competitiveness

BRUSSELS, 25 March 2024 - IP2Innovate is calling for targeted amendments to EU intellectual property law to ensure that European patent courts consider the proportionality of remedies in their handling of patent litigation cases. The proposed amendments will help create a more balanced patent system. This will spur innovation and, in turn, help to address Europe’s lagging competitiveness. The 2004 EU IP Rights Enforcement Directive (IPRED) requires that remedies for patent infringement be applied in a proportionate manner, but courts are handing out injunctions to patent owners in effect automatically, without considering the disproportionate impact that may result.
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