17/10/2014

IPKat Blog, "Apples and Oranges in the IP5 Statistics, or how to make your patent filing statistics look more fruitful"

The IPKat Blog analyses in its post of 17.10.2014 the EPO’s annual report which shows that the office bases its filing statistics on the number of direct European patent applications PLUS the number of international-phase PCT applications (EPs + PCTs). This is the case whether or not these PCT applications subsequently enter the European regional phase.

Technically, of course, a PCT application that designates the EPO is equivalent to a regular European application (according to Article 153(2) EPC). However, it is also clear that many PCT applications are filed by applicants who ultimately have no interest in entering the European regional phase.

IPKat concludes that"this seems a perverse basis on which to calculate the total number of European filings [...] as this is not a true gauge for actual desire for European patent protection" [...] It is troubling that statistics such as these may be relied upon by [IP5] stakeholders when it comes to important decisions on the patent system.