WRITTEN QUESTION P-0959/02

by Astrid Thors (ELDR) to the Commission

(3 April 2002)

Subject: Researchers' right to inventions

A constant source of complaint from the Commission is the low number of applications for patents in Europe compared with the USA. The Community patent has been vaunted as a remedy even though it probably does not promote European inventions particularly. A more compelling reason for fewer patents may be the rules on the right to inventions made at universities. In the USA, it is the universities which hold the right to inventions; in Europe, it is the researchers. Often, however, they lack the financial resources and knowledge of the law to exploit inventions. This issue has been touched on in some of the Commission's most recent documents on innovation and biotechnology.

Has the Commission carried out any comparative study of university researchers' exploitation of their inventions? How different is the legislation in the various countries? Does the Commission intend to take any measures, within its sphere of competence, in this area? How many countries are in the process of reviewing this matter? (Germany?).

Answer given by Mr Busquin on behalf of the Commission

(14 May 2002)

The lower European propensity to patent compared to the United States results from several factors.

Several on-going or planned actions can contribute to addressing this issue:

- introduction of the Community patent: the high cost of patenting and the low legal certainty resulting from the fragmentation of the patent systems available in Europe, affects also universities who want to protect the results of their research. The Commission's proposal for a Community patent Regulation(1) meets these concerns. Its timely adoption will lower costs and offer higher legal certainty throughout the Union. This instrument will make it easier for universities to protect and transfer their results and to create spin-offs;

- intellectual property regimes applicable to publicly funded research. It is correct that in the United States, the Bayh-Dole Act (and other factors) have led to a significant increase of the patenting and licensing activity of American universities since 1980 on. In many Member States, inventions made by researchers in universities do also belong to their institution. Several Member States (including Germany) have recently changed their laws to this end, or are considering such changes. Other Member States (e.g. France) have identified recommendations relating to the management of intellectual property by universities. In addition, a number of differences subsist across the Union as regards, for instance, ownership of university-generated and employee inventions, which may hamper cross-border Research and Technological Development collaborations or technology transfers. Accordingly, the Commission recently initiated a study to analyse intellectual property regimes applicable to publicly-funded research within the Union, with a view to identifying best practices. In the light of the results of the study, the Commission will determine the appropriate actions that can promote the coherence of these regimes at European level. In addition, the Commission is closely following up relevant surveys and analyses carried out by the Association of European Science & Technology Transfer Professionals (ASTP) and the Organisation for Economic Co-operation and Development (OECD) on the patenting and licensing activities of universities and public research centres;

- insufficient awareness, skills and assistance, in many universities, relating to intellectual property systems and their proper use. Actions to address these problems are taken by most Member States and by the Commission, including the Intellectual Property Research and Technological Development (IPR)-Helpdesk (http://www.ipr-helpdesk.org) and a network bringing together the technology transfer offices of most European universities (Proton).

In conclusion, European universities have a central role to play in the creation of the European Research Area. But this will also require them to manage knowledge, intellectual property and relations with industry in a more strategic way, and to acquire a more entrepreneurial mindset. This evolution is essential for publicly funded research to result in socio-economic benefits.

(1) OJ C 337 E, 28.11.2000.