Crowdsourcing in the age of the Unitary Patent

Eric Baer Eric Baer Vice President, Product, IP Research 16 Dec 2024 4 mins 4 mins
Conceptual image of crowsourcing people
The introduction of the Unified Patent Court (UPC) in 2023 marked a significant milestone in European patent law. This new landscape calls for innovative approaches to litigation. One such approach is crowdsourcing prior art, which can be a highly effective means of locating rare and hard-to-find literature for use in litigation. Here we explore how crowd-based prior art studies could be particularly effective in high-stakes cases.

The post-Unitary Patent landscape

The UPC is a recent and significant change to European patent law, officially launched in 2023. The unitary patent route provides an option for inventors to obtain a single patent that covers most EU countries, greatly simplifying the patent process.
 
The EU now represents the largest single market that can be protected with a single patent, creating new opportunities and challenges. Challenges to European Patent (EP) validity are often made early through post-grant reviews, but we are also seeing an increase in EU-wide litigation with early use of the UPC. The UPC allows patent owners to enforce their rights or face invalidation across all participating countries with one ruling. This may serve to drive higher stakes and higher risk litigation.

Crowdsourcing in the age of the Unitary Patent

The power of the crowdsourcing approach lies in its ability to tap into a global network of experts. With thousands of contributors worldwide, it brings together experts with diverse backgrounds and skillsets, helping to uncover relevant prior art that might be missed by conventional research teams. This expansive, collaborative approach offers a unique advantage in challenging high-stakes cases, including those before the Unitary Patent Court.

RWS’s CrowdSearch solution

Whether you are preparing for your next UPC case or other high-value litigation, RWS's CrowdSearch products provide the depth, accuracy, and comprehensive analysis needed to make a difference in the outcome of your case.
 
Our researcher network comprises more than 40,000 research specialists, operating in 170+ countries and 140 languages. Our crowd works on a cost-effective 'contest' pricing model, allowing you to engage dozens or even hundreds of researchers within your budget.
 
As the patent landscape in Europe evolves, RWS stands ready to support attorneys with innovative tools, expert-driven insights, and the most effective crowdsourcing solutions available.
 
This article is an extract from our free eBook, Unitary Patent Court and the application of crowdsourced prior art. Click here to download the full eBook. Find out more, or contact us, via our website.
Eric Baer
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Eric Baer

Vice President, Product, IP Research
RWS IP Services
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