The year 2020 was disrupted by the Covid-19 pandemic and a significant part of the global economic slowdown. In France in particular, many companies benefited from the short-time working scheme. A slowdown in patent applications was to be expected. In the end, however, the opposite was true. With theEuropean Patent Office having published its figures for 2021, we are even seeing a record number of patent applications in Europe.
Patent Index 2021 barometer
The EPO published its Patent Index 2021 in April. Although the decline in the number of European patent applications was real in 2020, there is no doubt that they will rebound in 2021.
| Year. | Number of European patent applications filed. |
|---|---|
| 2017 | 166,594 patent applications |
| 2018 | 174,481 patent applications |
| 2019 | 181,532 patent applications |
| 2020 | 180,417 patent applications |
| 2021 | 188,600 patent applications |
The +4.5% increase between 2020 and 2021 testifies to sustained activity in the field of innovation. Some business sectors are more active than others. These figures are excellent indicators of which business sectors are currently attracting the greatest investment.
Top 3 most active technology areas
- Digital communication with 15,400 patents, up 9.4%.
- Medical technologies, with 15,321 patents applications, an increase of %.
- IT, with 14,671 patents, an increase of 9.7%.
Countries filing the most European patents in 2021
France ranks 5th among the countries filing the most patent applications in 2021.
The Top 3 depositing countries include :
- the United States (46,533 patents),
- Germany (25,969 patents),
- Japan (21,681 patents).
In addition to demonstrating the innovative activity taking place in these territories, these figures also point to a willingness to invest. American companies are undoubtedly keen to expand into the European market.
In 4th place, just ahead of France, the People’s Republic of China showed the strongest increase, with a 24% rise on the previous year. The Chinese company Huawei Technologies even takes 1st place in the ranking of companies with the most applications (3,544 European patents), ahead of Samsung (3,439) and LG (2,422).
What factors have influenced the filing of European patents?
In its press release of April 05, 2022, the European Patent Office speaks of a weakening of inventive activity, particularly within the European Union. This analysis needs to be put into perspective. Indeed, the PACTE law (May 2020) introduced in France introduced, among other things, the criterion of inventive activity. This law has made the examination of French applications more demanding, following the example of the examination of European applications. As a result, some companies may have opted for direct European filing, rather than French filing, which is then extended to Europe, leading to a drop in the number of French patents in favor of European ones.
This hypothesis concerning the choice of French strategies is not verifiable, and cannot be applied to all 10,537 European patent applications in 2021. However, there is no doubt about the influence of legislative developments and changes in industrial property procedures. Constant monitoring is necessary to make the right decisions. To this end, an industrial property consultancy assists its clients in setting up an IP strategy, drafting patents, and monitoring the procedures and deadlines involved in annuities. Identifying the opportunities and risks brought about by new laws is essential.
Influences of the Pacte Act on IP:
