News

Increased European filing figures indicate end to recession

New figures released by the European Patent Office (EPO) show that European patent applications are on the rise again after the economic downturn of the past two years. The statistics also suggest greater efficiency in processing patents to grant.

In 2010, the EPO received 232,000 European patent filings, an increase of 10% compared with 2009. Of these, 39% originated from the 38 European Patent Convention member states, 26% from the US, 18% from Japan and 5% from each of South Korea and China. A total of 58,100 patents were granted by the EPO in 2010, 11% more than in 2009.

The figures clearly indicate that demand for patent protection is once again increasing and possibly reflect the end of recession in Germany and the US, which are among the largest filers of European patent (EP) applications.

Commenting on the number of applications being granted, Dr Anna Molony said: “It typically takes 4-5 years for a European patent application to proceed to grant. The number of EP applications filed increased by 4% from 2004 – 2005 and, allowing 5 years for the applications to progress to grant, we have the reported 11% increase in the number of patents being granted. If we look at 2005-2006 (4 years to grant), we have a 5% increase in filings, resulting in the 11% increase in number of patents granted. In either case, the percentage of patents being granted has increased by more than the percentage increase in applications being filed.

“This either means that the applications are for better inventions (which seems statistically unlikely) or that the EPO has improved its efficiency and is processing applications to grant more quickly. The EPO has introduced a lot of reforms in recent years to try to improve its efficiency in handling applications and these new statistics would appear to suggest that it is having some success in this.”

However, Dr Molony pointed out that some technical divisions of the EPO have a huge backlog of applications and it is taking up to 7 years – and occasionally even longer – to progress applications to grant. Some first examination reports are not being received until 4-5 years after filing and it is taking up to 18 months to receive a second examination report following filing a response to a first examination report.

She advised: “With this in mind, it may be wise for applicants to consider requesting accelerated examination of their European patent applications if they are keen to obtain granted patents. Accelerated examination can be requested at any time, so applications that are already in the examination process can be accelerated. However, requesting accelerated examination is most effective if done when filing the initial request for examination of an application.”