EIC and European Patent Office deepen collaboration to steer support for strategic technologies

Brussels, October 27th 2023
Summary
  • The European Innovation Council delegation visited the European Patent Office to expand cooperation on patent intelligence, training and project selection.
  • A letter of intent and a 2022 pilot set the groundwork for EPO experts to provide non binding assessments of patent novelty, inventive merit and IP strategy to EIC panels.
  • The pilot covered two EIC Transition challenge topics: RNA based therapies and diagnostics and clean energy process integration.
  • Officials emphasise patent trend analysis and mapping, staff training and screening high potential projects as priority collaboration areas.
  • Experts warn patent data is a useful signal but has limits and should not replace broader technical, market and ethical assessments.

EIC and European Patent Office deepen collaboration to steer support for strategic technologies

Representatives of the European Innovation Council and its executive agency visited the European Patent Office to take stock of an expanding cooperation and to agree how patent intelligence and IP expertise can better feed into the selection and support of European deep tech. The delegation discussed three practical areas for closer work: sharing insights on the EU’s technological competitiveness through patent trend analysis and mapping, developing education and training activities for EIC staff, and using EPO expertise to help identify high potential projects. Michiel Scheffer, president of the EIC Board, joined a panel entitled Boosting start ups with intellectual property and recorded a short summary of the visit.

What has already been done

The cooperation between the EIC and the European Patent Office has moved beyond conversation to practical pilots and formalised intent. In December 2022 the European Innovation Council and SMEs Executive Agency announced a letter of intent with the EPO. That arrangement triggered a pilot during the EIC Transition Challenge call that closed in September 2022. Under the pilot, EPO experts provided non binding input on shortlisted proposals invited to jury interviews. The input covered technological novelty, inventive merit and proposed intellectual property strategies.

ItemDetailNotes
Pilot announcedLetter of intent and pilot activityPublic announcement 21 December 2022
Call coveredEIC Transition Challenge call closing 28 September 2022Two of three challenge topics were included
Challenge topics includedRNA based therapies and diagnostics for complex and rare genetic diseases; Process and system integration for clean energy technologiesSelected from the September 2022 call
EPO role in pilotProvided non binding views on novelty, inventive merit and IP strategyPatent examiners did not formally join evaluation panels but supplied material for information
EIC follow upVisit and discussions on 27 October 2023Focus on expanding patent trend analysis, staff training and project filtering

How the cooperation works in practice

Non binding technical input from EPO experts:Under the pilot the EPO supplied assessments intended to inform EIC juries rather than to replace their evaluation. Patent examiners gave perspectives on whether a proposed technology appeared novel in the patent literature, how strong the inventive step might be and whether the project had a coherent IP strategy. The EPO material was expressly provided as background information for juries and did not form part of the formal scoring mechanism.
Patent trend analysis and mapping:Patent trend analysis aggregates filing and publication data to show where research and development activity is concentrated, which organisations are active, and which technical routes are emerging. Mapping connects patent families, technical classes and citations to visualise technology clusters. The EPO has publicly available resources such as PATSTAT and Espacenet plus in house expertise to produce such analyses for policy and funding decisions.
Training and education for EIC staff:EPO training can increase EIC staff capacity to read patent literature and to interpret patent signals as part of due diligence and portfolio screening. Training ranges from basic patent search skills to deeper sessions on claim interpretation, freedom to operate and patent landscaping methodologies.

Why this matters for EU innovation policy

Both organisations argue the collaboration helps the European Union spot technological strengths and gaps more quickly and tailor support where it matters. For the EIC, which funds high risk deep tech from research to scale, better patent intelligence can help identify promising technical approaches, highlight potential freedom to operate risks early and inform follow on investment strategies. For the EPO, working with the EIC gives visibility on nascent innovation that may not yet be visible in granted patents and helps calibrate patenting trends against commercialisation pathways.

Pilot scope and limits — what actually happened in 2022

The pilot described in the 21 December 2022 EISMEA announcement covered two of the three Transition Challenge calls running in September 2022. EPO patent examiners prepared short, non binding reports on proposals that had been shortlisted and invited to jury interviews. The reports assessed novelty, inventive merit and the stated IP strategy. The EPO experts did not take part in ranking or scoring and their assessments were framed as material for information only.

Practical benefits and realistic caveats

Benefits:Patent intelligence can reveal technological trajectories, show where competitors file and identify white spaces. Early IP risk flagging can save funded projects time and cost. Training raises the technical literacy of programme managers and helps standardise how IP considerations enter funding decisions.
Caveats and limits:Patent data are an imperfect proxy for innovation. Many valuable technologies are not patented or are kept as trade secrets. Patent filings lag research and strategic filings are shaped by firms capacity, business models and national laws. Patent quality varies and not every filed claim translates into commercial advantage. Reliance on patent signals alone risks biasing funding toward patent heavy sectors and established actors. There is also a need to maintain confidentiality and to avoid conflicts where patent examiners feed into funding decisions.

Context in the EU innovation ecosystem

The European Innovation Council is an EU instrument to identify and support breakthrough technologies through grants and investments. The EIC Fund complements grants with equity and co investment. EISMEA, the executive agency, manages the EIC operationally. The European Patent Office is the executive body of the European Patent Organisation and not an EU institution. The EPO is the principal European patent granting authority and also hosts patent data services and technical expertise used across industry and government. Formalising cooperation through a letter of intent recognises the complementary roles of a funder and a patent authority.

Policy implications and recommendations

Using patent intelligence to inform funding choices is sensible but must be done with explicit safeguards. EIC and EPO collaboration should ensure the EPO contributions remain advisory and transparent. Selection panels should continue to balance IP signals with technical feasibility, market analysis, regulatory considerations and ethical impact. Data sources should be broadened to include publications, standards activity, open source projects and market indicators to avoid over weighting patent activity. Training should be widely available across the EIC network so staff in all Member States can interpret patent-derived insights consistently.

Next steps and what to watch

The October 2023 visit appears to be a step toward expanding the cooperation that began with the 2022 pilot. Watch for further formal arrangements or expanded pilots that: 1) widen the topics covered, 2) make patent landscaping and mapping a routine input to programme design, 3) roll out training packages for EIC programme managers and evaluators, and 4) specify how EPO insights are handled within scoring and contracting workflows. Stakeholders should also watch for documentation on how confidentiality, intellectual property rights and data sharing with third parties and investment partners will be managed.

Key documents and public statements

Public announcements include the EIC news release dated 27 October 2023 reporting the delegation visit and the EISMEA release dated 21 December 2022 that describes the initial letter of intent and pilot. Video material and a short summary by EIC Board President Michiel Scheffer were published with the 2023 announcement.

Bottom line

Closer EIC EPO cooperation can improve Europe’s ability to detect technological trends and to integrate IP considerations into funding decisions. That offers practical value for both policy makers and founders if it is implemented with care. Patent signals should inform but not determine funding choices. Transparency, safeguards around confidentiality and broadening the evidence base will be essential if this partnership is to strengthen Europe’s deep tech pipeline without introducing unintended biases.