EPO Annual Review 2024: Digital Transformation and Strategic Challenges
The European Patent Office is advancing its strategic goals
The European Patent Office (EPO) has recently published its Annual Review for 2024, presenting a detailed account of its progress under the Strategic Plan 2028 (SP2028). The plan, which was unanimously endorsed by the Administrative Council in March 2024, is built around the central goal of sustainability (EPO Annual Report, Slide 4).
This objective is pursued through five principal drivers: people, technologies, high-quality products and services, partnerships, and financial stability. The review offers a look at the organization's achievements and ongoing initiatives, providing crucial insights for patent practitioners and IP owners navigating the evolving European intellectual property system.
People and Partnerships: Building a Collaborative Future
A primary focus of the 2024 review is the EPO's investment in its workforce and collaborative networks. Staff engagement saw a notable improvement, with the engagement score rising to 73%, an 11% increase compared to 2022 (Slide 4).
This positive trend is supported by initiatives such as "Campus Days," which drew over 4,400 staff members to events focused on team interaction and professional development (Slides 4, 10).
The EPO's recruitment efforts in 2024 welcomed 146 new professionals, including 111 examiners from 21 different countries (Slide 4). The organization has also made progress in fostering diversity, with 64% of the 102 Young Professionals who joined in 2024 being women (Slide 4).
The EPO has continued to strengthen its partnerships within the European Patent Network (EPN) and globally (Slide 5). A significant development in 2024 was the formal invitation extended to Bosnia and Herzegovina to accede to the European Patent Convention (EPC), which, following Montenegro's recent accession, will expand the number of contracting states to 41 (Slides 6, 46).
The Unitary Patent (UP) system experienced "remarkable growth", with over 28,000 registrations in 2024 and an overall uptake rate exceeding 25% (Slide 6). Among European applicants, the uptake was even more pronounced, at over 36% (Slide 50). Romania's accession on September 1, 2024, further broadened the system's reach (Slides 6, 51).
For global IP owners, this strong market adoption, combined with the development of the first-ever Unitary Patent Guidelines, solidifies the UP as a key strategic option for obtaining broad and efficient protection in Europe (Slide 6).
A Push Towards Full Digitalization
The EPO has made substantial advances in leveraging technology to improve efficiency and quality (Slide 4). A major achievement was the 100% digitalization of examiner actions, a critical step toward a fully digital patent granting process (PGP) (Slide 21).
The introduction of AI-supported classification has enhanced the accuracy and consistency of routing applications (Slides 5, 21). Furthermore, the ANSERA search tool was fully adopted by the examiner community, which allowed for the decommissioning of the legacy EPOQUE system (Slides 4, 22).
For patent practitioners, this digital transformation requires an adaptation of workflows. The discontinuation of submissions by fax on July 1, 2024, and the planned phase-out of the legacy online filing software (eOLF) by the end of 2025 mark a clear transition to modern online platforms (Slides 26, 29).
Familiarity with the MyEPO platform is now essential for efficient file management. Its features, such as the "shared area" for real-time collaboration with examiners, offer new opportunities to streamline prosecution (Slides 5, 30).
The EPO is also expanding its digital resources with tools like the AI-powered Legal Interactive Platform (LIP) for legal queries and the new Technology Intelligence Platform (TIP) for advanced patent data analysis (Slides 21, 61).
Key Challenges and Considerations
While the annual review reports significant progress, a detailed analysis also reveals several challenges that practitioners should monitor.
Timeliness and Production Pressure: The EPO's success has led to a high workload, which in turn has strained its ability to meet certain timeliness targets.
Search Timeliness: The office achieved an 85.1% on-time rate for standard searches, falling short of its 90% goal (Slides 41, 43). The report attributes this to a search volume that was 10% higher than planned (Slide 41).
Opposition Timeliness: This area presents a more significant delay. Only 38.1% of standard opposition decisions were issued within the 18-month timeframe, substantially below the 70% target (Slides 41, 43).
Substantive Quality and Harmonization: The EPO's own metrics indicate that achieving consistent application of patent law remains a work in progress.
Internal Quality Audits: The Directorate Quality Audit (DQA) found that the rate of incorrect assessments for novelty and inventive step at the grant stage was 6.8%, missing the internal goal of less than 5% (Slide 39, 43). Findings on "added subject-matter" were at 5.9%, also above the <5% target (Slides 39, 43).
Alignment with Boards of Appeal: New KPIs show that in appeals of opposition decisions, 8.2% of patents were ultimately revoked by the BoA on the ground of inventive step, a figure considerably higher than the 2028 goal of less than 3% (Slide 36, 43). This suggests a degree of misalignment between the first-instance divisions and the Boards of Appeal.
Procedural Risks and User Experience: Practitioners may encounter certain procedural inconsistencies.
Handling of Third-Party Observations: An internal EPO analysis found that in "some 20% of cases the division... did not then provide clear, timely, written feedback on their relevance in the open part of the file" (Slide 33).
Increase in Complaints: The number of complaints related to search and examination rose from 66 in 2023 to 100 in 2024, with 56% of these being deemed justified or partially justified (Slide 40).
Conclusion
The EPO's 2024 Annual Review portrays an institution in the midst of a profound transformation, driven by a commitment to sustainability, digital innovation, and robust partnerships.
For the global IP community, the report signals a clear direction of travel towards a more integrated and digitalized patent system.
It also highlights, however, the operational challenges that come with high demand and ambitious quality goals.
By understanding both the achievements and the underlying challenges, practitioners and IP owners can better anticipate changes, adapt their strategies, and successfully navigate European patent examination processes.
Disclaimer: This is provided for informational purposes only and does not constitute legal or financial advice. To the extent there are any opinions in this article, they are the author’s alone and do not represent the beliefs of his firm or clients. The strategies expressed are purely speculation based on publicly available information. The information expressed is subject to change at any time and should be checked for completeness, accuracy and current applicability. For advice, consult a suitably licensed attorney and/or patent professional.