INTELLECTUAL PROPERTY (IP) PREDIAGNOSTIC AND IMPROVING ACCESS TO PATENT PROTECTION FOR INNOVATIVE EU SMES - COS-2017-2-03

Deadline: Sep 4, 2018  
CALL EXPIRED

Specific Challenge:

Small and Medium-sized Enterprises only make a minimal use of the IP system. The vast majority of SMEs - 99% - do not own any patent, 91% do not own any registered trade mark, and only 0.7% own a registered design. Nine out of 10 SMEs do not own any of the above industrial property rights. Even fewer SMEs own EU-wide IP rights titles. This means that SMEs throughout the EU and throughout different sectors of economic activity are missing out on substantial growth and development opportunities. Although no cause-effect can be firmly established, SMEs that use IP generate 32% revenue more than their peers not using IP.

SMEs point out that they do not have the knowledge about and they do not see the benefits of intellectual property. An individual advice service that looks at all the products and services of the SME and its future business strategy to suggest a matching IP strategy is a response to this situation. Developed in some EU Member States, the IP pre-diagnostic or IP audit, is the exact tool that can help SMEs see the benefits of IP in their individual context and show them a how they can integrate IP in their business strategy.

SMEs also face relatively high costs of the IP system, which includes not only the application/registration fees but also the costs of external legal advice. The advice and the specific competence of a patent attorney in drafting patent applications is a necessary step to ensure the protection sought that will match the needs of the SME.

The creation of the unitary patens is designed to offer major opportunities for SMEs to ensure cheaper EU-wide protection of their intellectual property. This will allow for an easier buy-in of the unitary patent system by SMEs.

Scope:

The present action intends to facilitate access for SMEs to an effective protection and enforcement of their intellectual property by informing them about the benefits of using IP rights and about the opportunities linked with this new unitary patent, and by reimbursing some of the associated cost of using the new unitary patent.

In order to maximise impact, this action will focus on highly innovative SMEs, such as, the holders of the Horizon 2020 Seal of Excellence (SoE), which are considered as companies with a particularly high potential for exploiting their intellectual property rights. In some Member States where Seal of Excellence companies are not numerous enough another method of selection of innovative companies may be used.

Expected Impact:

The activities to be carried out by the beneficiary have to cover all the six areas listed below.

a) Setting up the Coordination Centre

b) Setting up the website

c) Publishing, coordinating and managing the calls for expression of interest

d) Action impact measurement

e) Management, quality control and evaluation

f) Reporting

The Coordination Centre will be responsible for preparing and publishing nine calls for applications for SMEs to express interest in being offered IP pre-diagnostic services or being reimbursed for the received support actions. These support actions (which are provided outside the framework of this call) include:

1. Free of charge advice to the SMEs on the potential of Intellectual Property to the development of their business, also referred to as "IP pre-diagnostics services (support action Type 1, as laid down in Article 6 of the Rules for Implementation. Up to EUR 1 500 per support action and varying per country. The European Commission has set the amounts of financial support per country in the table provided as Annex to the Rules for Implementation.
2. Support to innovative SMEs by covering part the costs related to filing of patents covering more than two countries, before the European Patent Office (EPO). The cost co-financed by this type of support action concerns the pre-grant fees charged by the European Patent Office (support action type 2, as laid down in Article 7 of the Rules for Implementation) and covers 75% of the European patent fee (up to a maximum of EUR 2 500 per eligible SMEs).
3. Support to innovative SMEs by co-financing the costs of external legal advice by IP attorneys to carry out the preparation of patent applications and such filings (support action type 3, as laid down in Article 8 of the Rules for Implementation). The co-financing will cover 50% of external costs of legal advice related to the granting of a European patent (up to a maximum of EUR 2 000 per eligible SME).

The European Commission and EASME expect the action to finance:

• at least 700 type 1 support actions, and
• at least 500 type 2 support actions, and
• at least 500 type 3 support actions.

1.   Eligible countries: Applicants must be established in EU Member States or countries participating in the COSME programme pursuant to Article 6 of the COSME Regulation:

The following groups of countries are eligible for participation in COSME according to Article 6 COSME Regulation:

a. European Free Trade Association (EFTA) countries which are members of the European Economic Area (EEA), inaccordance with the conditions laid down in the EEA Agreement, and other European countries when agreements andprocedures so allow;

b. acceding countries, candidate countries and potential candidates in accordance with the general principles and generalterms and conditions for the participation of those countries in the Union's programmes established in the respective Framework Agreements and Association Council Decisions, or similar arrangements;

c. countries falling within the scope of the European neighbourhood policies, when agreements and procedures so allowand in accordance with the general principles and general terms and conditions for the participation of those countries inthe Union's programmes established in the respective Framework Agreements, Protocols to Association Agreementsand Association Council Decisions.

The updated list of eligible third countries is available on the following webpage: http://ec.europa.eu/growth/smes/cosme/index_en.htm. Proposals from applicants in Article 6 countries may beselected provided that, on the date of award, agreements have been signed setting out the arrangements for the participation of those countries in the programme.

 For further information, please consult ec.europa.eu/growth/smes/cosme/index_en.htm.

2. Eligibility and admissibility conditions  

Applicants must be legal entities or legal entities forming a consortium of two or more parties.

Aplpicants may include both profit-making or non-for-profit legal entities as well as fully or partly public or private bodies. In the case of private bodies, they must be properly constituted and registered under national law. Typical entities applying to this call might be, but are not restricted to:

• Public and private entities responsible for or active in the fields of enterprise, business support or related issues,
• Chambers of commerce and industry, chambers of (handi)crafts or similar bodies,
• Business support organisations,
• Business associations and business support networks,
• Public and private entities offering business support services,
• Profit making entities
• Public or private entities providing IP support services

Natural persons are not eligible to apply