EPO and EIC/EISMEA: from technical patent checks to a co‑ordinated innovation pipeline

At the Viva Technology conference in Paris in May 2024 the European Patent Office and the European Innovation Council and SMEs Executive Agency reaffirmed their cooperation. The stated aim is to bring together the EPO's patent and technology expertise with the EIC's funding and acceleration capacity so that European startups and SMEs move faster from concept to commercial product while securing appropriate intellectual property protection.

What was announced at VivaTech 2024

Representatives from both organisations took stock of activities carried out since joint pilots started and signalled an intention to extend and deepen co‑operation. EPO President António Campinos framed the relationship as a combination of the EPO's technology and patent expertise with the EIC's financial 'muscle' to help startups turn ideas into products and create jobs. Marc Lemaître, Director General for Research and Innovation at the European Commission, emphasised the need for sustained collaboration to speed commercialisation of breakthroughs and to safeguard intellectual property as the EU competes globally.

What the cooperation has delivered so far

The partnership has moved from an initial set of pilots to formalised commitments. A letter of intent between the EPO and EISMEA was signed in June 2023 and pilots ran in 2022 and 2023 in which EPO patent examiners supported EIC evaluation processes. The pilots focused on assessing technological novelty and inventive step of projects under consideration for EIC grants. After two pilot rounds where 57 projects were assessed, EPO examiners are scheduled to assess roughly 100 additional EIC files in 2024.

Key tools and changes highlighted

How the EPO contribution is used in EIC decision making

In the pilots, EPO patent examiners provided technical assessments of novelty and inventive step for projects being considered for EIC funding. Those assessments are one form of technical due diligence meant to complement the EIC's evaluation of market potential and the business case. The EPO also shares patent trend analysis and sector insights that can inform which technologies are emerging and where investment might have strategic value for the EU.

Actors and institutional roles

Why this matters to startups, investors and policy makers

Bringing patent expertise into the grant and investment selection process can help separate genuinely novel technical approaches from incremental or poorly protected ideas. For startups, a realistic assessment of protectability is important for fundraising and negotiating with commercial partners. For investors and the EIC, patent checks can reduce technical risk and point to better allocation of public funds.

Limitations and open questions

The announcement and the pilots contain promising elements but also expose several limits and unanswered questions. Patent metrics are an imperfect proxy for commercial potential. Not all valuable innovations are patented and some business models prefer trade secrets or rapid market entry. Relying on patents risks biasing selection toward filing behaviour rather than market fit. There is also a potential for tension where the EPO's role as an independent patent office intersects with funding decisions made by a separate agency. The governance of information sharing between applicants, evaluators, patent offices and private investors raises data protection and confidentiality issues that need clear safeguards. Finally the Unitary Patent covers a subset of EU states and will not automatically be the right option for every SME given litigation costs and strategy.

What is planned next

EPO agreed to assess roughly 100 additional EIC files in 2024. The two organisations said they will investigate ways to extend co‑operation so that EPO inputs more systematically inform funding decisions and to emphasise the advantages of the Unitary Patent where appropriate. They also plan joint awareness raising to encourage patent valorisation and commercialisation by SMEs, spin offs and research organisations.

Implications for the EU innovation ecosystem

If well managed, better integration of patent expertise into public innovation programmes could improve fund allocation and reduce technical risk for deep tech investments. The EPO's data assets and search capabilities are a useful complement to the EIC's market and business assessment processes. However policy makers should avoid overemphasising patenting as a single indicator of innovation. A balanced approach should combine IP strategy advice with market validation and funding tailored to different technology and business model types. Transparency on how EPO assessments are used by EIC panels and safeguards for applicant confidentiality will be important to maintain trust.

Bottom line: the EPO and EIC are moving from informal pilots toward a structured relationship that leverages patent expertise to support EU deep tech. The approach can add meaningful technical rigor to funding decisions. But the partnership will only translate into stronger European scaleups if it keeps a realistic view of patents as one tool among many and addresses the governance, confidentiality and strategy trade offs that come with closer public sector coordination.