RRI and Patenting: a Study of European Patent Governance

Nico Groenendijk,Ellen-Marie Forsberg

doi:10.1007/s11569-019-00341-8

Abstract

This paper addresses the topic of patenting related to the notion of Responsible Research and Innovation (RRI). Focusing on patents in the field of biotechnology, we assess to what extent current patenting practices of the European Patent Organization, and more specifically of its executive body, the European Patent Office (EPO) align with RRI principles. We first argue for including patenting as a relevant topic in the context of RRI and then provide an operationalisation of RRI principles that functions as an analytic tool in the article. We find that the dimensions of RRI currently do not have a strong position in the EPO. Subsequently, we discuss the potential for improving the alignment of the EPO with RRI principles. We conclude the article with some final reflections on the applicability of RRI to the policies and practices of the European Patent Organization.

Highlights

Research and innovation provide important goods to society, such as medicines, improved agricultural practices, healthier foods and cleaner energy
The EC Expert Group on RRI defined RRI as: ‘Responsible Research and Innovation refers to the comprehensive approach of proceeding in research and innovation in ways that allow all stakeholders that are involved in the processes of research and innovation at an early stage (A) to obtain relevant knowledge on the consequences of the outcomes of their actions and on the range of options open to them and (B) to effectively evaluate both outcomes and options in terms of societal needs and moral values and (C) to use these considerations as functional requirements for design and development of new research, products and services.’
22 In 2016, the EPO did sign a memorandum of understanding (MoU) with the Fédération de la fonction publique européenne, European Patent Office, The Hague (FFPE-EPO), another trade union for EPO staff, established in 2008

Summary

Introduction

Research and innovation provide important goods to society, such as medicines, improved agricultural practices, healthier foods and cleaner energy. The EC Expert Group on RRI defined RRI as: ‘Responsible Research and Innovation refers to the comprehensive approach of proceeding in research and innovation in ways that allow all stakeholders that are involved in the processes of research and innovation at an early stage (A) to obtain relevant knowledge on the consequences of the outcomes of their actions and on the range of options open to them and (B) to effectively evaluate both outcomes and options in terms of societal needs and moral values and (C) to use these considerations (under A and B) as functional requirements for design and development of new research, products and services.’ These approaches are in line with the European Commission’s overall RRI philosophy: ‘Responsible Research and Innovation means that societal actors work together during the whole research and innovation process in order to better align both the process and its outcomes, with the values, needs and expectations of European society.’. A concerted effort to anticipate potential problems, identify alternatives and reflect on underlying values

A willingness from relevant actors to act and adapt according to 1–3

Findings

Concluding Reflections