In the framework of Entrepreneurship and Innovation Work Programme 2008 and Innovation Framework Programme1, this study is meant to advance further theoretical and empirical insights into the existence of an increasing percentage of unused sleeping patents across numerous sectors in Europe. Unused sleeping patents are patents that are kept in force by the patentee but not (yet) used productively. While there might be legitimate technical reasons for such behaviour, it becomes sub-optimal for society if the underlying reason is the non-willingness or non-ability of patentees to trade them, as this blocks the innovation process.

It is the objective of the study to assess the literature and economic evidence so as to better understand the relevance and scope of the problems created by unused sleeping patents. If it turns out that the problems are significant, it will be important to identify in detail the underlying reasons for the increase in unused sleeping patents and to develop and analyse remedies thereof. As regards the latter, key importance should be attached to markets for technology on which unused sleeping patents can be traded, thereby however not disregarding other enterprise and competition policy solutions that might exist to alleviate the problem (for more information, cf. section 4 of this call for tenders).