Annex 6: Additional Provisions Concerning Intellectual Property for EIC Pathfinder and EIC Transition

In accordance with the Horizon Europe Regulation, the current Work Programme provides for additional dissemination and exploitation obligations, particularly to facilitate the exploitation of results. This framework aims to enable a more proactive role for the European Commission and the European Innovation and Support Agency (EISMEA) in identifying and maximizing exploitation opportunities within the Union. These provisions are essential for enhancing innovation and competitiveness, particularly in the context of the European Innovation Council (EIC) and its various funding mechanisms including the EIC Accelerator, EIC Pathfinder, and EIC Transition.

Together with specific intellectual property rules set out in Annex 5 of the Model Grant Agreement, the following rules will apply to initiatives within EIC Pathfinder and EIC Transition actions, offering clarity on how intellectual property (IP) is handled, which is crucial for EIC funding beneficiaries such as startups and SMEs.

1. Definitions

The following definition complements those provided in the Glossary in the introductory section of this Work Programme for the purpose of this Annex. These definitions are critical for understanding the framework of EIC grants and funding opportunities.

With reference to information and results owned by any EIC Awardee that is a not-for-profit legal entity, EIC Inventors are defined as any of their employees and subcontractors, established in a Member State or Associated Country, who appear or are entitled to appear as inventors in any corresponding patent filing. This aligns with the definition of inventor for the relevant patent jurisdiction, ensuring that innovation is adequately recognized and protected.

2. Exchange of Information for the Purpose of EIC Portfolio Activities

2.1 Access to Information About Results

a. At any time and without prejudice to the EIC Awardee’s ownership of results, the EIC Programme Manager may request any EIC Awardee to facilitate access to information on results (preliminary or final) generated by the action. This is subject to the provisions in paragraphs b) and c) below, with the aim of probing their potential for further innovation and commercial exploitation, especially within the European startup ecosystem.

b. Where any such result (preliminary or final) has not already been made public through agreed dissemination activities, through a patent, or protection by any other intellectual property right, that information shall be earmarked and treated by the Agency as confidential. It shall only be disseminated to:

• Relevant EIC stakeholders, including potential investors from the EIC Accelerator funding network.
• Entities involved in the EIC STEP Scale-Up initiative, fostering growth and scaling opportunities for deep tech startups.
• Collaborating research institutions and other public organizations, enhancing the innovation landscape through collaborative efforts.

2.2 Public Disclosure and Intellectual Property Protection

Moreover, EIC Awardees must understand the balance between public disclosure and the importance of protecting their intellectual property, especially when applying for EIC Accelerator funding. Adequate measures should be taken to ensure that proprietary information is safeguarded before any public announcements or marketing activities.

To navigate the complexities of intellectual property while applying for EIC Accelerator grants, understanding the evaluation criteria becomes essential. This includes not only the technical excellence of the project but also the robustness of the IP strategy proposed in the EIC Accelerator application. As part of the EIC Accelerator application process, applicants are encouraged to outline their plans for IP management, including strategies for patenting, licensing, and other avenues of monetization or commercialization that align with their business model.

2.3 Confidentiality Clauses

Given the potentially sensitive nature of the results generated, confidentiality clauses must be rigorously adhered to. Such clauses ensure that all parties involved maintain discretion regarding unpublished results or proprietary processes. This is particularly salient for EIC Accelerator startups, which may be navigating non-dilutive funding models while pursuing growth opportunities.

3. Best Practices for IP Management in EIC Projects

For those engaging in EIC Pathfinder and EIC Transition projects, adherence to best practices for IP management is non-negotiable. Here are several strategies that can enhance the prospects of success:

• Thorough IP Audit: Before applying for EIC grants, conduct an audit of all existing IP assets to identify what can be leveraged or needs protection.
• Proactive IP Strategy: Develop a strategic approach to IP that aligns with your business objectives and market needs, particularly for deep tech innovations.
• Collaboration Agreements: When working with partners, create clear agreements that delineate IP ownership and the rights to use any jointly developed results.
• Regular Training: Provide education and resources on IP management for your team to ensure compliance and optimal use of IP as a business asset.

4. Conclusion

The landscape of EIC funding, including the EIC Accelerator and EIC Transition, presents unique opportunities and challenges for innovators across Europe. Navigating the intricacies of intellectual property is paramount to ensuring that the results of these endeavors can be fully exploited in the marketplace. By understanding the additional provisions outlined in this annex, stakeholders can position themselves to maximize the impact of EIC funding on their innovative projects. For prospective applicants, staying updated on the EIC Accelerator application deadlines 2025, and leveraging EIC Accelerator coaching services, can significantly enhance your proposal’s competitiveness and overall success rate. The EIC remains committed to fostering innovation in Europe, providing vital support to deep tech startups and SMEs aiming for breakthroughs in their respective fields.