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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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Patrick Oliver

European Entrepreneurs CEA-PME and IP2Innovate launch a joint campaign to fight patent abuse by Patent Assertion Entities

BRUSSELS April 26th 2021 - European Entrepreneurs CEA-PME and IP2Innovate today launched a joint campaign to fight patent abuse by Patent Assertion Entities (PAEs), otherwise known as patent trolls.
WIPR

Implementers praise German patent reforms

Implementers have welcomed reforms to Germany’s laws which weaken patent owners’ right to an injunction if successful in litigation, but their impact on case law remains to be seen.

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.
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