The Act, article by article
Explore the European Innovation Act as it was proposed by the European Commission — every article with a plain-English summary, the key points, what it means in practice, and commentary. The official text is included for each provision.
The European Innovation Act (proposal COM(2026) 567) has 41 articles across four chapters. Summaries and commentary are drafted with AI assistance and reviewed editorially; they are general information about a proposal that may change, not legal advice.
General provisions
Defines what the Regulation covers: rules for R&D procurement and EUIPO tasks on IP-backed finance.
Article 2 ScopeSets out which R&D procurements fall under Chapter 2, the value thresholds, and what is excluded.
Article 3 DefinitionsThe definitions article: sets the meaning of R&D procurement, public buyer, SME, results, value engineering and more.
Research and development procurement
General principles for R&D procurement: equal treatment, transparency, languages, electronic access and Union strategic priorities.
Article 5 Economic operatorsEconomic operators cannot be excluded from R&D procurement solely because of their legal form.
Article 6 Groups of economic operatorsRules for groups bidding together: how selection criteria apply, critical tasks, legal form and SME safeguards.
Article 7 Reliance on the capacity of other entitiesOperators may rely on other entities' capacity to meet selection criteria, subject to checks and replacement rules.
Article 8 SubcontractingSubcontracting rules for R&D contracts: partial only, disclosure duties, replacement grounds and retained main-contractor liability.
Article 9 Market consultationPublic buyers must consult the market before launching an R&D procurement, announced via a prior information notice.
Article 10 Procurement documentsSets the mandatory contents of R&D procurement documents, from the need and estimated value to IP, award criteria and payment terms.
Article 11 Conditions for access to R&D procurement procedures and place of performanceRestricts R&D procurement access to Member State and eligible agreement-country operators and sets place-of-performance requirements.
Article 12 Determination of originDefines how the origin of natural and legal persons is determined, including the dominant-influence test for companies.
Article 13 Mandatory exclusion groundsRequires exclusion of operators convicted of listed serious offences, with a five-year limit and limited derogations.
Article 14 Optional exclusion groundsLets buyers exclude operators for misconduct, insolvency, collusion, security concerns or distortive foreign subsidies, subject to self-cleaning.
Article 15 Selection criteriaFrames optional selection criteria on suitability, ability and financial standing, limiting them to what is proportionate and relevant.
Article 16 Financial guaranteesCaps tender, performance and retention guarantees, exempts small contracts, and halves the amounts for SMEs and innovative firms.
Article 17 Innovation-related award criteriaRequires award on best price-quality ratio, with quality weighted at least 50% and dedicated innovation-related criteria.
Article 18 Formulating requirements for the characteristics of the procured R&D servicesHow public buyers must draft requirements for procured R&D services, favouring functional over design specifications.
Article 19 Risk benefit sharing under market conditionsRisk and benefit sharing under market conditions: contractors keep IP ownership, subject to obligations and public-buyer safeguards.
Article 20 Contract modificationsRules on modifying awarded R&D contracts: review clauses, substantial changes, value thresholds and record-keeping.
Article 21 Value engineeringValue engineering: contractors propose cost-saving changes, with shared savings and limits set in the procurement documents.
Article 22 Multiple sourcingMultiple sourcing: buyers award several R&D contracts in one procedure, with limited grounds for a single award.
Article 23 R&D procurement call for tendersHow R&D calls for tenders are published, promoted, evaluated and negotiated, including security-related exceptions.
Article 24 Competitive development in phases and assessment of contract performancePhased, competitive R&D development with per-phase assessment, possible reduction of contractors and defined exceptions.
Article 25 PaymentsPayment rules for R&D contracts: timely payment, pass-through terms, advance payments and direct payment to subcontractors.
Article 26 Confidentiality and data protectionConfidentiality and data protection duties for buyers and operators, including data localisation options in the documents.
Article 27 Termination of R&D procurement contractsMandatory termination grounds for R&D contracts: final conviction on exclusion grounds or a declared serious infringement.
Article 28 Security considerations in R&D procurementHow public buyers must manage security and public-safety risks at every stage of R&D procurement.
Article 29 Security measures during contract implementationWhen and how public buyers can terminate or exclude for security reasons during R&D contract performance.
Article 30 CybersecurityCybersecurity duties for public buyers procuring R&D services involving products with digital elements.
Article 31 Common rules on joint R&D procurementHow two or more public buyers can run joint R&D procurement, with lead buyers and central purchasing bodies.
Intellectual property-backed finance
Creates an EUIPO Competence Centre to support IP-backed finance, valuation and commercialisation of IP.
Article 33 Data collectionThe EUIPO collects and analyses voluntary, non-personal data to build an evidence base on IP-backed finance.
Article 34 Intellectual property valuatorsHow IP value assessments may be requested and carried out by certified, independent IP valuers.
Article 35 Certification of intellectual property valuatorsA voluntary EUIPO certification scheme attesting valuers' competence under the Union IP valuation framework.
Article 36 Programming and reportingThe EUIPO must plan and report on its new IP-backed finance tasks within its existing programming framework.
Final provisions
Amends Regulation (EU) 2017/1001 to add the tasks entrusted under the European Innovation Act to the EU Intellectual Property Office.
Article 38 Committee procedureSets the committee procedure: the Commission is assisted by an existing committee acting under Regulation (EU) No 182/2011.
Article 39 Exercise of the delegationGoverns the delegation of power to the Commission to adopt delegated acts, with a five-year term and parliamentary and Council controls.
Article 40 EvaluationRequires the Commission to evaluate the Regulation four years after entry into force and every five years, and report to the EU institutions.
Article 41 Entry into forceSets the Regulation's entry into force on the twentieth day following its publication in the Official Journal.
From the text to your strategy
The European Innovation Act will reshape R&D procurement and intellectual-property-backed finance across the Union. Understand what it means for your organisation.