European Patent Office Research Articles

Towards policy impact – an exploration of Clinical Toxicology research cited in policy documents and patents

Introduction Individual researcher impact through scientific citations is carefully monitored, with little attention to the impact of individual journals through policy and patent mentions. We aimed to describe policy and patent mentions for articles published in Clinical Toxicology. Methods Using Altmetric Explorer, we extracted mentions from 1 January 2013 to 31 December 2023, noting the citing source, Clinical Toxicology article title, and author-generated keywords. We used descriptive statistics to analyse the data. Results We identified 165 individual policy documents (n = 139) and patents (n = 26), citing 146 articles with median of 6.4 years between publication and mention. The highest number of citing documents were by the World Health Organization (n = 45), European Monitoring Centre for Drugs and Drug Addiction (n = 22), and United States Centers for Disease Control and Prevention (n = 16). Most patents were registered in the United States (n = 17) and by the European Patent Office (n = 10), with the main classification of human necessities (n = 23). The commonest subjects of papers cited in policy and patents, from keywords, related to medical conditions and symptoms (26%) and recreational drugs (22%). The most cited article was “A systematic review of adverse events arising from the use of synthetic cannabinoids and their associated treatment.” Discussion Clinical Toxicology articles are cited in policy documents and patents, with a comparable number of mentions to the top-ranked journals in the field. This likely contributes to policy impact, but further work is needed to understand how cited articles are used and ripple effects through onwards citations of policy documents. Conclusions Clinical Toxicology is a toxicology journal for which published research gets recognised within influential policy sources. The Journal can play a key role in guiding public health policy through its selection and development of submitted publications.

Herbal Technological Prospects of Morus nigra L.: A Systematic Patent Analysis Review.

Morus nigra L. is a plant with significant potential for drug development due to the presence of numerous bioactive compounds in its various parts. This article aims to compile the technological perspectives of Morus nigra L. towards drug development and therapeutic indications based on registered patents in databases. The study analyzed patents published within the last five years, focusing on products derived from different parts of the Morus nigra L. plant. Patent databases such as the European Patent Office (EPO), the United States Patent and Trademark Office (USPTO), the World Intellectual Property Organization (WIPO), and the National Institute of Industrial Property Databases (INPI) were examined. A total of 45 patents were categorized by country of origin, type of applicant, extraction method, and therapeutic indications. China had the highest number of patent filings (43.48%), and private companies were the primary technology patent holders (38.64%). Noteworthy extraction methods included ultrasound-assisted extraction, decoction, infusion, and maceration. The most utilized plant parts were leaves (44.44%), followed by fruits (35.56%), root bark (15.56%), and stems (4.44%). The main therapeutic indications identified were the treatment of hyperglycemia and dyslipidemia (43.33%), along with digestive problems, cosmetics, nutrition, and cleaning applications. The study of patents covers discoveries and advancements often absent in scientific articles, making a review focused on this advanced information crucial for expanding existing scientific knowledge. Even if some therapies have been explored previously, patents can reveal innovative approaches and fresh perspectives that contribute to sustained scientific progress.

The sufficiency of disclosure of AI inventions

Abstract The complex and data-driven nature of artificial intelligence (AI) raises questions for the sufficient disclosure of patent applications in this field. What are the European patent disclosure requirements for AI inventions? One challenge is that, prior to training, AI systems can be considered generic models. But after training, they transform into specialized AI systems to solve a particular problem. This transformation requires training data, making it an integral part of the AI system’s definition. But to what extent is the disclosure of the training data or training process necessary for patent disclosure? The Boards of Appeal of the European Patent Office (EPO) first dealt with this challenge in case T 0161/18, which involved a medical AI invention to calculate cardiac output. It held that the specialized artificial neural network (ANN) in the patent could not be carried out by a person skilled in the art due to insufficient disclosure of input data suitable for the training of the ANN or at least one data set suitable for solving the technical problem. Furthermore, without specialization, the invention lacked an inventive step. But, is it always necessary to disclose the input data or at least one data set suitable for solving the technical problem? Are there alternative ways for applicants to satisfy the disclosure requirements for AI inventions? And what evidence is there that patent applicants are disclosing specific details of the AI/machine learning (ML) training or specific AI/ML model architecture? In this article, we analyse case T 0161/18 and subsequent sufficiency of disclosure decisions (T 1539/20; T 0606/21; T 1526/20; T 1191/19) and consider these foundational questions for applicants drafting patent applications with claims directed to AI inventions. We also analyse the EPO’s examination guidelines on sufficiency of disclosure for AI inventions, which were updated in early March 2024.

Geostrategic study of the evolution of energy harvesting systems based on the patent activity of flywheels and regenerative shock absorbers

This paper analyses the technological activity on energy harvesting and storage systems, such as flywheels and regenerative shock absorbers, for support of renewable energy and electric vehicle applications. The activity is analyzed based on the evolution of the patents over the last 20 years, based on databases such as Patbase and Derwnet. The data reveal that less than 50 % of the total flywheels patents and utility models are granted. China is identified as the leading innovator in this area, followed by the United States, Japan, and Germany, which collectively account for 84 % of all patent families. A ranking of related companies and institutes is dominated by Chinese companies such as CANDELA (SHENZHEN) TECHNOLOGY INNOVATION CO., SHENYANG WEIKONG NEW ENERGY TECH CO., followed by German and American companies such as LUK LAMELLEN, VYCON, Siemens, and Caterpillar Inc. The leading regions on regenerative shock absorbers technologies are Germany, China, USA, and the European Patent Office (EPO). The study shows a leadership of Germany accounting for 39 % of the priority patents. The study also identified the top 20 applicants with the highest number of patent families, which included European companies such as SCHAEFFLER AG, HYDAC, VOLKSWAGEN AG, and Continental Automotive GmbH.

Steering responsible innovation: the impact of EU REACH legislation on the novelty and toxicity of chemical inventions

ABSTRACT This study investigates the influence of EU Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) legislation on the technological trajectory of the chemical industry. Focusing on the Substances of Very High Concern (SVHC) list, this study used a novel dataset of chemical patents and structures filed at the European Patent Office (EPO) over the period from 1990 to 2016. A staggered difference-in-differences approach with inverse probability weights was used to measure the impact of the SVHC list on the novelty and toxicity of chemical patents. The analysis revealed a substantial increase in the chemical novelty of patents after the introduction of the SVHC list. Simultaneously, a significant decrease in the toxicity of these patents was observed, underpinning the legislative intent of REACH. These findings highlight the ability of regulatory frameworks to strategically steer innovation, reinforcing the alignment between technological advancement and the overarching goals of responsible and sustainable development.

The UPC CoA’s first substantive order—central issues clarified, but on a high level

Abstract In its decision, the UPC Court of Appeal confirms the application of key principles of patent claim interpretation for unitary patents. With regard to the inventive step, a tentative path is chosen that does not clearly follow the problem–solution approach of the European Patent Office and instead, comprehensively takes the state of the art into account at the outset. The standard for the necessary probability of infringement and validity is set at a preponderance of probability (sufficient degree of certainty, ie more likely than not). Furthermore, the temporal and factual necessity of the injunction is also important in determining whether a preliminary injunction should be ordered. Ultimately, the granting of injunctive relief hinges on an overall weighing of the interests.

Support of the Description and Art. 84 EPC: Why Reactive Amendments to the Description Harm Legal Certainty

Abstract In its granting procedures, the European Patent Office often requests that the patent description conforms to the claims granted. Amendments to the description are regularly motivated to comply with Art. 84 EPC, which requires support of the description. Decisions T 1024/18 and T 1989/18 form two prominent polar opposites of narrow and wide interpretation of the description support criterion according to Art. 84 EPC. T 1024/18 argues that support of the description should not involve a reader being confronted with any information conflicting with the wording of the claims. This means that embodiments of the invention which are not consistent with the claims must therefore be deleted. In this context, additional information of a further non-covered embodiment is regarded as conflicting information. However, any of these reactive amendments can give rise to various legal problems that could even lead to a later revocation of the patent. In contrast, the wide interpretation of T 1989/18 of the description support criterion does not require any post-grant amendments to the description and does not cause these legal problems.

Nanotechnology and knowledge relatedness: how to identify optimal regional partners in EU innovation networks?

Abstract Research & Innovation (R&I) policy initiatives employed by the European Union (EU) across its regional economies are important instruments to ensure the scientific and technological progress along with the associated benefits. One relevant aspect in this regard is to encourage and enable collaboration between regional partners to enhance potential learning opportunities and to ensure cohesive long-term development patterns. Furthermore, frequently these initiatives are also targeted at specific technology sectors, such as the EU R&I policy actions towards nanotechnology. Based on an advance theoretical framework and data from the official EU project databases as well as regionalized European Patent Office data, the present study develops a methodological tool through which it is possible to identify effective collaboration settings, while providing policymakers and evaluators with a practical tool that will enable them to predict the possible outcomes of such critical EU-funded R&I projects from the onset.

Car-trailer coupling devices - description of requirements and overview of flexible and static load measuring solutions

The article presents an overview of the current normative, national, and international documents, containing in their content the requirements for devices coupling a car with a trailer in terms of technical conditions that these devices must meet to confirm proper performance and ensure the possibility of safe use during exploitation before will go on sale. Attention was paid to the division of coupling devices of motor vehicles and trailers into classes according to Regulation 55 of the UN/ECE and the resulting requirements. The principles according to which it should be accepted that couplings meet the approval requirements are discussed, and the meaning and way equipment manufacturers determine the characteristic values of the indicated coupling parameters are explained. Requirements for the minimum and maximum loads exerted by the trailer on the coupling device are presented. Particular attention was paid to the existing technical solutions (including patent claims in the Patent Office of the Republic of Poland or in the European Patent Office) regarding coupling devices characterized by the possibility of measuring the static vertical force on the coupling and couplings with vertical flexibility (compliance), which can potentially reduce dynamic loads on the coupling device. Calculations focused on two practical applications are planned using the article's content and simulation. The first is the ability to assess the impact of introducing vertical compliance to the coupling device on its durability. The second is the ability to assess the impact of the value of the static vertical load of the coupling device (resulting from the trailer load and the longitudinal position of its center of mass) on the length of the braking distance of the combination: towing vehicle - trailer.

New Molecules of Importance in the Prevention and Treatment of Acne: A Systematic Patent Review (2016-2020).

Acne is a highly prevalent disease that mainly affects the pilosebaceous units associated with sebaceous glands, causing inflammatory skin lesions and affecting the self-esteem, mental health, and quality of life of those who suffer from this disease. Different treatments exist today to prevent, reduce, and improve symptoms; however, over the years, there have been problems with bacterial resistance and slight effectiveness with prolonged use. The purpose of this article is based on the review of patents of new products of principal topical administration for the treatment of acne in recent years 2016-2020, to evaluate and analyze novel synthetic molecules and semi-synthetics with potential therapeutic and preventive in the acne treatment. A systematic review of patents was conducted through the official database of the European Patent Office - Espacenet, where the search focused on the keywords: "acne and bacteria" in the title or abstract. Only patents granted between the years 2016-2020 were included, with products having molecules with a synthetic and semi-synthetic origin, without considering natural, biological products or those used as diagnostic means. A total of 19 patents were selected, most with principally antimicrobial and antiinflammatory action, where the reduction in the appearance of resistance by C. acnes is verified, and its action is complemented by inhibiting the different pathophysiological mechanisms that lead to the worsening of the disease. Novel approaches in the treatment and prevention of acne, mainly topically, are focused on the reduction of bacterial resistance and irritation compared to current treatments. The use of combined formulations provides better results with additional benefits, improving treatment times and patient adherence.

To the 50th Anniversary of the European Patent Convention (1973–2023)

INTRODUCTION. This paper reflects historical overview of long-standing emergence of mechanisms of judicial protections of patent rights conferred by European patens which begun even in 1950-s and ended with start of operations of the Unified Patent Court in 2023. The paper demonstrates that the establishment of the similar mechanism within the Eurasian Patent Organization or Eurasian Economic Union may require different approaches because of possible centralization of industrial property protection under Eurasian Patent Organization.METHODS AND MATERIALS. The research materials for this paper are scientific works of foreign and Russian scientists and officials of the European Patent Office and the Eurasian Patent Office, legal acts of international and regional levels and drafts thereof. Methodological basis of this research are general and special scientific methods.RESEARCH RESULTS. This paper suggests periodization in emergence and evolution of dispute resolution mechanisms for European patents, reveals rationales for establishment of the unified patent judiciary in Europe and outlines directions for further research of prospects of creation of the similar mechanism in the Eurasian region. Some findings made in this article may facilitate the growth of such researches.DISCUSSION AND CONCLUSIONS. European Union (EU) accumulated broad experience in establishment of the dispute resolution mechanisms for European patents. Due to uniqueness the Unified Patent Court is of great interest when researching prospect of improvements of the patent judiciary and quasi-judicial mechanisms under the Eurasian Patent Convention. However, trends of developments of the Eurasian Patent Organization and possible centralization of the regional protection of industrial property may testify that a Eurasian analogue of the Unified Patent Court would have a different institutional form.

Patents, Freedom to Operate, and Follow-on Innovation: Evidence from Post-Grant Opposition

We study the blocking effect of patents on follow-on innovation by others. We posit that follow-on innovation requires freedom to operate (FTO), which firms typically obtain through a license from the patentee holding the original innovation. Where licensing fails, follow-on innovation is blocked unless firms gain FTO through patent invalidation. Using large-scale data from post-grant oppositions at the European Patent Office, we find that patent invalidation increases follow-on innovation, measured in citations, by 16% on average. This effect exhibits a U-shape in the value of the original innovation. For patents on low-value original innovations, invalidation predominantly increases low-value follow-on innovation outside the patentee’s product market. Here, transaction costs likely exceed the joint surplus of licensing, causing licensing failure. In contrast, for patents on high-value original innovations, invalidation mainly increases high-value follow-on innovation in the patentee’s product market. We attribute this latter result to rent dissipation, which renders patentees unwilling to license out valuable technologies to (potential) competitors. This paper was accepted by Ashish Arora, entrepreneurship and innovation. Funding: This work was supported by the Deutsche Forschungsgemeinschaft [Collaborative Research Center TRR 190]. F. Gaessler acknowledges financial support from the Spanish Agencia Estatal de Investigación through the Severo Ochoa Programme for Centres of Excellence in R&D [Barcelona School of Economics CEX2019-000915-S]. Supplemental Material: The online appendices and data files are available at https://doi.org/10.1287/mnsc.2019.02294 .

A Mini-Review on Elisa-Based Diagnosis of Schistosomiasis.

Schistosomiasis is a neglected tropical parasitic disease caused by trematode worms of the genus schistosoma, which affects approximately 240 million people worldwide. the diagnosis of the disease can be performed by parasitological, molecular, and/or immunological methods, however, the development of new diagnostic methods still essential to guide policy decisions, monitor disease trends and assess the effectiveness of interventions. in this sense, the current work summarizes the findings of a systematic review regarding antigens applied in the enzyme-linked immunosorbent assay test, which were patented and published over the last ten years. the literature search strategy used medical subject heading (mesh) terms to define as descriptors. "schistosoma mansoni" was used in arrangement with the descriptors "immunoassay", "enzyme-linked immunosorbent assay", "elisa", and "antigens", using the "and" connector. the patent search was done using keywords, including diagnosis and schistosoma or schistosomiasis or schistosome. several databases were employed for the patent search, such as intellectual property national institute; european patent office; the united states patent and trademark office; patent scope, and google patents. forty-one articles were retrieved, of which only five met the eligibility criteria. seventeen patents were taken from the databases, and a brief description of the most relevant inventions is given here. schistosomiasis is considered the most important helminthic disease in worldwide. therefore, it is important to of searching for and develops diagnostic methods based on serology to reduce morbidity and mortality caused by the disease.

Non-practicing entities in Europe: an empirical analysis of patent acquisitions at the European Patent Office

Abstract This paper delves into the proliferation of non-practicing entities (NPEs), a hot topic in academia and public policy, especially in the United States. The common belief is that Europe is less exposed to NPEs due to a robust patent system, higher enforcement costs, and smaller damage awards. Yet, using a new database of NPE patent applications at the European Patent Office (EPO), the study uncovers that NPEs activity in Europe is arising: they own nearly 20,000 EPO patents, primarily in Electrical Engineering. Moreover, we contribute the literature investigating the heterogeneity of the NPE business model and its relationship with the characteristics and use of the patents they target. Our econometric analysis provides threefold original evidence. First, NPEs with higher propensity for litigation (i.e., “Litigation” NPEs) acquire patents with higher infringement risk but similar technological quality than practicing entities. Second, patent aggregators (i.e., “Portfolio” NPEs) and technology companies (i.e., “Technology” NPEs) acquire higher-quality patents compared to those acquired by practicing entities. Third, patent acquisitions by “Litigation” NPEs and “Portfolio” NPEs reduce the subsequent use of protected technologies.

Prevention of Dental Caries: A Review on the Improvements of Toothpaste Formulations from 1900 to 2023.

Modern toothpastes are complex formulations with various ingredients. The aim of this study was to analyze the improvement of toothpaste formulations from 1900 to 2023 focusing on active ingredients with remineralizing, antibacterial, or plaque-removing effects, and to discuss their influence on caries prevention. For this, worldwide patent applications were searched using the international database Espacenet from the European Patent Office. Additionally, toothpaste products were searched using the Mintel product database from 1996 to 2023. The searched ingredients were (in alphabetical order): calcium carbonate, calcium phosphates, hydrated silica, sodium fluoride, sodium lauryl sulfate, triclosan, xylitol, and zinc salts as they are known from the scientific literature to be remineralizing or antibacterial/antiplaque agents. It was shown that the number of patent applications containing these ingredients significantly increased since the 1970s. As these ingredients have remineralizing, antibacterial, or plaque-removing effects, they all can contribute to caries prevention. In conclusion, and within the limitations of this approach, this study shows that toothpaste formulations have greatly improved over the past decades by using various active anticaries ingredients.

Assessing the development of green innovation in China through patent evolution: the hallmark of government policy and private enterprises

PurposeThe purpose of this paper is to develop a comprehensive overview of green innovation (GI) in China, which is carried out by reviewing the evolution of GI from 2000 to 2019, and the main type of technology, actors and localizations. When appropriate, GI is compared to non-GI.Design/methodology/approachThe study uses patent data from the European Patent Office database (PATSTAT); these data are processed to map trends and identify the main contributors to GI and the location of such innovation. The findings are then discussed and complemented with academic literature.FindingsKey findings reveal an increasing divergence between GI and nongreen innovation after the 2008 crisis. It is also observed that solar energy appears to be the main component of GI in China, with a shift from photovoltaic thermal energy to solar photovoltaic energy after 2008. Other areas, such as waste management, greenhouse gases capture and climate change adaptation, are less innovative. Companies play an essential role in the development of all types of innovation. In terms of location, green patents are mainly filed in China’s three main megacities. The study also highlights the significant role of the Chinese state, which led policies shaping the trajectories and forms of GI.Originality/valueThis study expands knowledge on GI in China, highlighting its main specificities and the role of key actors. It provides to the reader a comprehensive picture of China’s green policies and innovation realities. The results can therefore be used to improve the understanding of GI evolution in China and facilitate the formulation of new research questions.

A current review on P2X7 receptor antagonist patents in the treatment of neuroinflammatory disorders: a patent review on antagonists.

Chronic inflammation is defined by an activated microglial state linked to all neurological disorders, including Alzheimer's disease, Parkinson's disease, and amyotrophic lateral sclerosis (a motor neuron disease that affects the brain and spinal cord). P2X7 receptors (P2X7R) are ATP-activated ion-gated channels present on microglial surfaces. Prolonged ATP release under pathological settings results in sustained P2X7R activation, which leads to inflammasome development and cytokine release. P2X7R and its enabling roles have recently been linked to neurodegenerative diseases, making it a potential research subject. This research provides an overview of current patents for chemicals, biologics, and medicinal applications. The World Intellectual Property Organization (WIPO), European Patent Office (EPO, Espacenet), and the United States Patent and Trademark Office (USPTO) databases were searched for patents using the keywords "P2X7R and Neuroinflammation." During the study period from 2015 to 2021, 103 patents were examined. The countries that protected these innovations were the United States, PCT (Patent Cooperation Treaty states), Europe, Canada, Australia, and India. Janssen Pharmaceutica NV had the most applications, followed by Acetelion Pharmaceuticals LTD., Renovis Inc., Kelly Michael G, Kincaid Jhon, Merck Patent GMBH, H Lundbeck A/S, and many more. The P2X7R is a possible diagnostic and therapeutic target for cancer, pain disorders, and inflammation. For P2X7 R, several compounds have been discovered and are presently the subject of clinical trial investigations. This study featured patents for P2X7R antagonists, which help treat conditions including neuroinflammation.

‘With no siblings, but with a home’: Single Patent-code Inventions (SPIs) and regional technological diversification

ABSTRACT We investigate the extent to which the ‘siloed’ nature of regions’ knowledge base affects their technological diversification. Drawing on recombinant innovation theory, we maintain that regions find it harder to specialise in technologies with a more siloed knowledge base, and that this hampering effect is more pronounced for more cognitively unrelated new technologies. Using data from the European Patent Office, with respect to sub-national regions of the EU28, we proxy the siloed degree of the regional knowledge base with the weight of Single Patent-code Inventions (SPIs) over total patents by region-technologies and test our hypotheses over the 1986–2017 period. We find that the relative number of SPIs by regional technologies – i.e. the siloed extent of these technologies – negatively correlates with the regions’ capacity to specialise in them. This negative correlation attenuates with respect to the specialisation in more cognitively closer new technologies. For very high levels of technological relatedness, the correlation becomes positive and the SPI incidence tends to enable technological diversification, rather than contrasting it. Policy implications are drawn accordingly.

On value-laden patents: a call for moral limits

Purpose The main purpose of this paper is to discuss the suitability of moral and ordre public clauses, and to advance the view that ethical reflection within patent systems is valuable. Design/methodology/approach This is a conceptual paper that draws upon the present situation in Europe to illuminate a discussion of the different views about the morality patents, with particular emphasis on criticism of authors who have espoused a narrow interpretation of moral clauses, such as that adopted by the European Patent Office. Findings This research found that the claim that patent systems are not appropriate places in which to evaluate moral matters and, therefore, they cannot inform us about morality is false. This is because inventors do not need to wait for authorizing legislation prior to making use of their technology. Hence, moral implications can be evaluated. Research limitations/implications These ideas also lead to important theoretical consequences, especially regarding the debate on value-laden science and technology. However, further efforts are needed to address other patent regimes, such as the non-European. Practical implications It is shown how the bioethicist community can be incorporated into patent offices. The responsibilities of examiners and businesses in the process are also discussed. Originality/value There have been a limited number of studies that examine the value of ethical considerations within the patent system. This paper provides a thought-provoking discussion of moral clauses in Europe. The author also suggests new ways of incorporating ethical scrutiny into patent systems.

The behavioral additionality of government research grants

There are different forms of public support for industrial R&D. Some attempt to increase innovation by prompting firms to undertake more challenging projects than they otherwise would. Access to a dataset from one such program, the Austrian Research Promotion Agency, allows me to examine the effect of research grants on firms' patenting outcomes. My estimates suggest that a government research grant increases the propensity to file a patent application with the European Patent Office by around 12 percentage points. Stronger effects appear for more experienced firms of advanced age. Additional evidence indicates that grants induce experienced firms to develop unconventional patents and patents that draw on knowledge novel to the firm. I interpret the findings in a “exploration vs. exploitation” model, in which grants are targeted at ambitious projects that face internal competition from more conventional projects within firms. The model shows that this mechanism is more salient in experienced firms, leading to a stronger response in behavior for this group of firms.