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worldipreview.com
NPEs: hiding ownership and gaming the system

The lack of transparency around NPEs marks a serious problem for the European patent system, argues Patrick Oliver of IP2Innovate.
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Patrick Oliver
Patent abuse hurts European SMEs and undermines the knowledge transfer process
This year World Intellectual Property Day focuses on SMEs. As the two examples below show, patents can be an SME’s worst enemy, as well as their best friend. Abuse by patent assertion entities is a serious and growing threat in Europe, especially to small and mid-size innovative firms. The gaming of the European patent system must stop.

IP2Innovate
UPC Early Litigation Data: The Innovation Paradox
The Unified Patent Court’s first two years reveal a troubling pattern: the system is being deployed against the most innovative companies – particularly in high-tech sectors that drive technological progress and economic growth. Without modernising EU patent rules, the UPC risks becoming an innovation tax on these critical industries.
Data source: Independent research initiative led by Valerio Sterzi (University of Bordeaux), tracking all UPC infringement cases since June 1, 2023, available at Key figures – UPCTrack

IP2Innovate
Prof. Rafal Sikorski: Towards a More Orderly Application of Proportionality to Patent Injunctions in the European Union
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.
