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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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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New report: Europe faces a growing problem of firms abusing the patent system for financial gain

A  published today gives unique insight into how some non-practising entities (NPEs), also known as patent asserting entities (PAEs) or patent trolls, game Europe’s patent system. The report also provides further evidence that the problem of patent trolls is migrating to Europe from the US, and it proposes several policy responses to address the problem.
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IP2I shares feedback on the Commission’s roadmap for the IP Action Plan

IP2Innovate has responded to the request for feedback on the upcoming European Commission’s Intellectual Property Action Plan.
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