IP2Innovate

In the paper by Professor Sikorski, titled: Towards a more orderly application of proportionality to patent injunctions in the EU, he proposes changes needed to safeguard Europe’s patent system from abuse by opportunistic PAEs.

IP2Innovate

A new academic study by economists at the universities of Bordeaux, Grenoble, and Universitat Pompeu Fabra (Barcelona) highlights how patent assertion entities (PAEs) are continuing to take advantage of weaknesses in Europe’s patent system. The study, entitled Patent Privateering, looks at one specific method of patent abuse. Patent privateering is a term to describe a situation where a patent owner hands patents to a patent assertion entity (PAE) to exploit for mutual benefit, allowing the patent owner to maintain a secret stake in the patents. The study concluded that patent privateering is widespread in Europe. The practise has been around for many years but as other jurisdictions including the US have made it harder, Europe’s patent system is a ripe target for abuse. This is largely because patent courts in Europe do not apply the principle of proportionality, and instead hand out injunctions to patent owners almost automatically.

IP2Innovate

IP2I appreciates the improvements made to date to improve the availability of information on proceedings before the Unified Patent Court. To achieve its full potential for transparency and permit a better understanding of legal developments and trends, IP2I recommends that continued improvements focus on providing more robust searchability for information, and reducing the delay associated with making information available to the public.