The rate of patent applications refused in Europe has risen to an all time high, as authorities target "evergreening" of intellectual property.
In 2008 the number of applications grew 3.6%, largely due to companies seeking to marginally 'update' and extend existing patents to hold off competition.
But the number refused crept up to more than 50%, compared with 49.5% in 2007, as a result of the European Patent Office (EPO) demanding better quality and relevance on applications put in.
President of the EPO Alison Brimelow says quality in the process must be maintained.
"The strict application of patentability criteria by our patent examiners has led to more refusals to grant a patent. These are important steps to ensure the relevance of the patents entering the innovation process."
The EPO received 146,600 applications last year compared with 141,400 in 2007. Companies attempt to continuously extend patents by seeking a new patent that "updates" the first one before its expiry, known as "evergreening".
The debate about evergreening is particularly current for the pharmaceutical industry, as the European Competition Commission is currently investigating alleged anti-competitive measures around patents.
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