Rated Patent Exchange Weblog

In a recent study, the European Commission summarizes the results of detailed technical studies about the value of patents in Europe. As a conclusion, the study argues that to enhance the rate of utilization of patents the most effective strategy is to encourage the growth of technology markets. Other means, like reducing the patenting costs of small firms, may only induce them to patent less valuable, and hence less usable technologies, thereby aggravating rather than solving the problem.

The study concludes with regard to future policy that to encourage technology markets a first important policy target should be the reduction of transaction costs in technology trade. Tools for achieving this goal are believed to range from the creation of standard contracts for technology trade that reduce contractual ambiguities and the formation of intermediating companies that facilitate the match of buyers and suppliers, to actions that define standard prices for technologies according to their characteristics, as well as public information about technology prices.

European Commissioner for Internal Market and Services Charlie McCreevy has recently delivered a speech before the European Parliament Plenary Session on future action in the field of patents. The Commissioner referred to his previous consultation on the future of the patent system in Europe which threw up the need to create technology markets which would enable business to trade their IPR more successfully.

RPE uses the published European equivalent when defining a patent family. The reasons are simple. The EPO issues search results and patentability opinions very early. Therefore, it is very early possible to find out about major patentability and disclosure problems of an invention. Also, since three Examiners are ultimately involved in the examination of a case, major deviations from the examination standards are less likely. RPE uses the published results of the EPO for a rating identifying risks associated with a patent asset. The rating should not be confused with the value of the patents asset. Rather it should be considered as an indication for the survivability risks associated with the patent asset.

Anyone interested in the commercialisation of patents and financial aspects of the management of patent portfolios might want to check out the conference “Patents: realising and securing value” which takes place on 21 November in London.