Showing posts with label applications. Show all posts
Showing posts with label applications. Show all posts

14 August 2025

European Patent Applications from the UK in 2024

European Patent Office, Munich
Author Carsten Steger  Licence  CC BY-SA 4.0   Source  Wikimedia Commons

 








Jane Lambert

The European Patent Office ("EPO") is the fifth-largest patent office in the world.   The other four are the China National Intellectual Property Administration, the United States Patent and Trademark Office, the Japan Patent Office and the Korea Intellectual Property Office.  The EPO grants patents for the territories of its contracting parties on behalf of their governments.  The United Kingdom is one of those parties.  A patent granted by the EPO designating the UK (known as a "European patent (UK)") is treated as equivalent to a patent granted by the Intellectual Property Office in Newport for all practical purposes.

According to EPO figures published earlier this year, there were 6,076 applications from the United Kingdom in 2024.  That was an increase of 3.1% over the previous year, and it placed this country 9th in the list of countries of origin for European patent applications.   The countries ahead of us were the United States with 47,787 European patent applications, Germany with 25,033, Japan with 21,062, China with 20,081, South Korea with 13,107,  France with 10,980, Switzerland with 9,966 and the Netherlands with 7,054.  Immediately behind the UK was Sweden with 4,936 applications.  Italy was 11th with 4,853, and Spain was 15th with 2,192.  In the top 10 countries of origin, only South Korea and Switzerland exceeded the UK's percentage increase in European patent applications, though Hong Kong and Norway, which are further down the list, saw double-digit percentage increases.

Britain's 3.1% uptick is less impressive when the number of European patent applications per country is compared to its population.   Switzerland produced  1,112.8 applications per million inhabitants.   It was followed by Sweden with 467.79, Finland with 428.28 and Denmark with 425.92. With 87,88 applications per million this country came 18th in the list which is surprising for the country that pioneered the industrial revolution and has some of the finest universities in the world.

The following graphic shows the filed for which applications from the UK were filed in 2024.











Comsumer goods came top followed by computers, med-tech and biotech.   The top 10 applicants were as follows:

British American Tobacco Plc636
Unilever Plc613
Rolls-Royce Plc254
BAE Syestems Plc184
British Telecommincations Plc175
Linde P;c173
Imperial Brands Plc140
AstraZeneca Plc121
Shell Plc116
Johnson Matthey Inc.105

One of the reasons why the UK has underperformed its competitors in patenting was thought to be the risk and costs of IP enforcement.   The Arnold reforms which I discussed in New Patents County Court Rules on 31 Oct 2010 NIPC Law were intended to be an answer to that problem.  It seems to be taking a long time for news that IP enforcement need not be ruinously risky and expensive to filter down to industry.

Small and medium enterprises can protect themselves against such risk and cost by taking out IP insurance cover.  The Intellectual Ptoperty Office has published useful Guidance on Intellectual Property Insurance and the Chartered Institute of Patent Attorneys maintains a comprehensive list of brokers, underwriters and insurers on its website.

Anyone wishing to discuss this article may call me on +44 (0)20 7404 5252 during normal office hours or send me a message through my contact form at any time.

10 November 2024

European Universities' Patenting Activity


 





















Jane Lambert

In October 2024 the European Patent Office published The Role of European Universities in Patenting and Innovation, A Study of Academic Inventions at the EPO.  The study claims to be "the first-ever comprehensive overview of the role European universities play in patenting and innovation on the European scale." 

The study notes that Europe is often perceived as a world-class academic power with top universities and publications. Europe faces difficulties transforming science into commercial activity compared to other advanced economies. The mismatch between academic excellence and commercial underperformance is sometimes called the 'European paradox'. The study states that this so-called European paradox has become a central policy issue in most European countries and also for the EU.

The study focuses on European universities' patenting activity as a way of addressing that paradox because a patent is essential to knowledge transfer. That is because an applicant for a patent is required by art 83 of the European Patent Convention to disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.   

One of the study's key findings is that the contribution of academic researchers to European patent applications has increased steadily in recent decades, and now exceeds 10% of all patents filed by European applicants at the EPO. The study finds that more than 1,200 European universities have generated patent applications at the EPO. Annex 2 to the study lists the top 10 universities for Germany, France and the UK and the top 5 for other countries between the years 2000 and 2020. There are 7 universities with over 1,000 academic patents in Germany, 6 in France and 4 in the UK (Oxford, Cambridge, Imperial and UCL). Denmark, Sweden and Switzerland have 2 such universities each and Belgium, Finland and the Netherlands one each.

It is undeniably a good thing that knowledge is widely disseminated while being properly protected it has to be remembered that universities are not businesses though most have knowledge transfer offices and licensing companies.  It is my experience that they occasionally claim greater legal protection than they need or in some cases to which they are entitled to the detriment of the businesses that pay for the research,  
 
Any business contemplating research cooperation with a British university should seek advice either from a patent attorney or a solicitor or counsel specializing in IP with experience in licensing.  The Intellectual Property Office publishes several model university and business collaboration agreements known as "the Lambert toolkit".  The name of the toolkit refers to Sir Richard Lambert and not to me though I did attend one of the drafting sessions and thus made a small contribution towards their drafting.

Anyone wishing to discuss this article may call me on +44 (0)20 7404n 5252 during UK office hours or send me a message through my contact form at all other times.

14 March 2021

One of the Few Silver Linings - Innovation during the Pandemic

Under a cloud (with a silver lining) (1920)
Punch 22 Sept 1920  Wikipedia Silver Lining

 












Jane Lambert

At the start of the lockdown just under a year ago, I wrote in IP Services During the Emergency on 22 March 2020:

"The suspension of so much business activity to facilitate social distancing does not mean that intellectual property is no longer a priority. On the contrary, it is now more important than ever."

And so it transpired.  The total number of international patent applications through the Patent Cooperation Treaty has increased from 265,381 in 2019 to 275,900 in 2020.  In spite of brexit and all the other dampeners on its economy, the UK was no exception to that trend,   Applications from the UK rose from 5,773 in 2019 to 5,912 in 2020 (see Innovation Perseveres: International Patent Filings via WIPO Continued to Grow in 2020 Despite COVID-19 Pandemic 2 March 2021 WIPO press release).   As The Economist noted in its YouTube video How covid-19 is boosting innovation of 10 March 2021, the last 12 months have been a year of innovation.

In my previous article: I wrote that 

"if we are ever to stop Covid-19 in its tracks it will be through the efforts of universities and biotech and pharmaceutical companies around the world whose."
That was not a widely shared view when I write that sentence.   At the start of this pandemic, pundits warned the public not to expect vaccines to come to the rescue any time soon. They said that it takes years to develop vaccines and even longer to obtain regulatory approval and set up distribution networks.  They were wrong.    New technologies enabled pharmaceutical companies in different parts of the world to develop effective vaccines within a few months of each other.  Most achieved regulatory approval within weeks of their clinical trials.  The UK, the USA and several other countries have been able to roll out those vaccines very quickly.

There have also been advances in diagnostics and therapies that have enabled health services throughout the world to treat far more patients in the second wave than at the peak of the first without buckling.  At the same time, there have been inventions to prevent the spread of infection.  Examples include Thrsus's "Bump" which I covered in Rise and Design Online: A Webinar for Designers in Northeast England on Designing our Way out of Lockdown in NIPC Northeast on 15 June 2020 and DABS's gloves which I mentioned in the same publication in Rise & Design: Wearable Tech Webinar yesterday.

Innovation has not been confined to healthcare. There are businesses founded on new products and services that did not exist a year ago in such fields as distribution, education and entertainment.  The Economist mentioned drones to distribute medicines and other essential supplies, video conferencing to facilitate online learning and professional consultations, home delivery services by Michelin starred restaurants and the letting out of ghost kitchens to self-employed chefs. Here are some more examples that have occurred to me. In May 2019 the Chinese internet courts were so unusual that they merited an article in NIPC Law. Less than a year later the UK Supreme Court, the Court of Appeal and much of the High Court in England and Wales were dispensing justice over the internet.  In retailing, contactless payments have driven cash into retreat.   The Economist estimated that the pandemic had accelerated the use of digital technology by about 5 years. The presenter actually welcomed his audience to 2025.

In IP Services During the Emergency, I wrote:
"And when this emergency is over businesses will have to innovate and create as never before in order to restore our ravaged economy the planning for which has to start now."

There will be lots of opportunities for entrepreneurs as the world emerges from lockdown. Anybody lucky enough to have worked from home on full pay will have saved considerable sums by not commuting, maintaining their wardrobes or spending on leisure activities.  They will be looking for such services as extra tutoring for kids who have missed half a year of schooling, broadband upgrades, home extensions and maintenance after a year of restrictions.  There will, of course, be a return to the office for some but many other businesses will have noticed a reduction of costs and improvements in productivity from home working so the demand for home delivery is likely to stay firm.

The businesses that provide those services will need trade marks for their brands and maybe patents and design registered designs for their products. Inevitably disputes will arise with IPO examiners and other intellectual property owners.   Last year I wrote:

"Anybody who needs advice or assistance with an IP issue can contact me through my "Initial Advice and Signposting Form". I can advise on IP law generally and represent clients in negotiations and disputes but I do not prosecute patent, design or trade mark applications, specialize in tax or company law, develop products or arrange funding. However, I can probably direct clients to other experts such as patent or trade mark attorneys, commercial law firms, specialist accountants and product design consultants who can help with such issues."

I have experienced strong demand for those services, especially over the last few weeks.   I will continue those services after lockdown.  Anybody wishing to discuss this article or book an appointment for a free 30-minute advice and initial signposting session can call me during normal UK office hours on 020 7404 5252 or send me a message through my contact form at other times.

27 August 2014

Funding your Invention: R & D Tax Credits









I am often asked about where to get funding for one's invention. I mention the usual such as triple F (friends, fools and family), business angels and venture capitalists but often overlook one of the most obvious which is R & D credits. This is a very generous deductible allowance against corporation tax which can actually be a cash rebate for companies that are not liable to pay corporation tax.

There are two schemes: one for small and medium enterprises which has existed since 2000 and the other for larger enterprises which has existed since 2002.  According to HMRC's Research and Development Tax Statistics  which was published on 15 Aug 2014 over 100,000 claims have been made for R & D tax relief since he scheme was launched in 2000 and some £9.5 million has been allowed or paid out in that time.

In R & D Tax Credit Statistics which I published in my Patent Box and R & D Credits blog on 25 Aug 2014 I compared the claims for R & D tax credits and the number of patent applications by region in 2013 and found a remarkable correlation.

R & D Tax Credit Claims and UK Patent Applications 2013


Region
Claims for R & D Credit
Patent Applications
South East
3,030
2,822
London
2,715
2,588
East
1,630
1,802
North West
1,595
1,259
West Midlands
1,280
1,180
South West
1,265
1,368
Yorkshire
1,065
984
East Midlands
1,020
742
Scotland
905
900
North East
545
314
Wales
425
539
Northern Ireland
345
236

Further information on R & D tax credits can be obtained from HMRC's website.  Also, I cover developments in tax law relating to IP in my Patent Box and R & D Tax Credit blog. Our chambers are almost unique in that our intellectual property specialists work under the same roof as Atlas Tax Chambers and share the same clerks. We can thus provide comprehensive IP and corporation tax advice to businesses that invest heavily in high technology. Should anyone wish to discuss this article or any of the topics referred to he or she should call us on 020 74404 5252 during office hours or contact our clerks through this form.

25 July 2014

UK slumps to Ninth Place in European Patent Applications

According to the European Patent Office the UK has slumped from fifth place in the number of applications for European patents in 2004 to ninth in 2013. There were 6,469 European patent filings from the UK in 2013 which was an increase of just 7 from the 6,462 in 2004. By contrast, there 32,022 from Germany compared to 28,221 in 2004 and 12,417 from France in 2013 compared to 9,656 in 2004. But the real growth in applications has come from China (22,292 in 2013 compared to 1,880 in 2004) and South Korea (16,857 in 2013 compared to 5,721 in 2004).

For a more complete picture I have compiled the following table of the top 10 applicant countries based on European Patent Office data:

Country
2012
2013
USA
63,198
64,967
Japan
51,791
52,437
Germany
33,850
32,022
China
19,182
22,292
South Korea
14,791
16,857
France
12,285
12,417
Switzerland
8,129
7,966
Netherlands
6,489
7,606
UK
6,666
6,469
Sweden
4.654
5.094

The UK's performance is even more depressing when the number of applications per million inhabitants are taken into consideration (see the table on page 15 of Facts and Figures for 2014 that can be downloaded from the "Publications" page of the EPO website). The UK comes 16th in that league with 72 European patent applications per million inhabitants.  Top of the list is Switzerland with 832 European patent applications per million inhabitants followed by Sweden (402), Finland (360), Denmark (347), Netherlands (347) and Germany (328). Japan comes 9th with 177 European patent applications per million inhabitants, France 10th with 148, South Korea 12th with 129, the Republic of Ireland 13th with 115 and the USA 15th with 107.

Why does the UK do so badly in the number of applications to its home patent office in comparison with its global competitors? I used to think that it was because of the high cost of enforcement in the UK compared to France, Germany and the Netherlands. The rule changes limiting the costs and duration of proceedings in the Patents County Court (now IPEC) in October 2010 addressed that problem but  the number of European patent filings from the UK has actually fallen from 7,146 in 2010 to 6,469 in 2013.

Paradoxically a report by Silicon Valley Bank on Innovation Economy Outlook 2014 published this week paints a rather rosy picture for the UK. This report may well contain the answer. Much of the UK's growth has been in the service sector, especially financial and professional services and information technology for which patents are not available. Manufacturing in the UK is less important than it is in our continental and East Asian competitors.

If that is the explanation it suggests a failure of Coalition policy since 2010 to rebalance the British economy from one that is heavily dependent on services and the public sector to an economy based on manufacturing and exports.