Patents and HORIZON 2020
In the H2020 jargon, ‘Results’ means any (tangible or intangible) output of the action, as well as any rights attached to it, including intellectual property rights, e.g. patent, trademark and industrial design rights.
But, did you know that the General Model Grant Agreement actually says something more?
It is worth noting that Article 27 refers to Protection of Results.
In particular, Article 27.1 is reported below:
27.1 Obligation to protect the results
Each beneficiary must examine the possibility of protecting its results and must adequately protect them — for an appropriate period and with appropriate territorial coverage — if:
(a) the results can reasonably be expected to be commercially or industrially exploited and
(b) protecting them is possible, reasonable and justified (given the circumstances).
When deciding on protection, the beneficiary must consider its own legitimate interests and the legitimate interests (especially commercial) of the other beneficiaries.
Interestingly, costs related to the protection of the results (e.g. consulting fees, prior state-of-the-art searches, fees paid to the patent office for patent registration) are eligible for reimbursement if the eligibility conditions are fulfilled.
A Best Practice is that Beneficiaries seek expert advice, e.g. from a Patent or Trademark Attorney, to help them decide whether and how to protect results.
However, finding a patent professional with the proper expertise to entrust your project is a demanding task.
In this context, the web platform PatentProjects.net is a useful tool for this selection process.
In conclusion, this is just a spotlight to let you aware of some aspects of the IP rights in the H2020 context which probably you didn’t know.
Reference(s): H2020 AGA — Annotated Model Grant Agreement: V2.2 – 25.11.2016
Consult any applicable legal sources for more information