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| EU to enable free and secure data flow with the European Patent Office |
| Brusel, 06.03.2025 |
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| The European Commission (EC) announced on Wednesday that it has launched a process that allows for the free and secure flow of data between the EU and the European Patent Office (EPO), which grants protective patents to companies and individuals from EU countries. The Brussels-based TASR correspondent reports.
The Commission recalled that it has the power to determine, based on the General Data Protection Regulation (GDPR), whether a country or international organization outside the borders and scope of the EU ensures an adequate level of data protection. This means a level of protection for personal data that is essentially the same as that within the EU.
On this basis, the European Commission can decide to launch the process of adopting an adequacy decision that allows for the free flow of personal data from the EU to a third country or international organization.
The draft adequacy decision published on Wednesday reflects the EC's assessment of the EPO's legal framework and data protection rules. The Commission found that the European Patent Office provides comparable safeguards for data as the EU.
The European Commission's decisions will allow innovative entities from EU member states to transfer data to the EPO without additional safeguards.
Michael McGrath, the European Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection, said in a press release that the EC decision will benefit innovative entities across the EU.
"It will facilitate the flow of basic data for patent applications and set a precedent for similar decisions with other international organisations," McGrath said.
The Commission has sent a draft adequacy decision to the European Data Protection Board (EDPB), which will ask the EDPB, composed of representatives of EU member states, to approve its proposal.
The European Parliament has the right to scrutinise the EC's adequacy decision. Once this procedure is complete, the EC can proceed to adopt a final adequacy decision.
The EPO is an international organisation that grants patents under the European Patent Convention. European patents under the EPO cover its 39 contracting states, including all EU Member States and other members of the Council of Europe, reaching a total of 700 million people. Through this organisation, inventors, researchers and companies worldwide can obtain protection for their inventions.
By facilitating the exchange of data between the EU and the EPO, an adequacy decision would support the patent protection process for European innovators, thus contributing to growth and competitiveness in the EU market.
The Commission has so far issued 15 adequacy decisions in accordance with the GDPR, namely for Andorra, Argentina, the Faroe Islands, Guernsey, Israel, Japan, Jersey, Canada, the Republic of Korea, the Isle of Man, New Zealand, the United Kingdom, the United States of America, Switzerland and Uruguay.
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