The advent of the
Internet of Things (IoT) was undoubtedly the phase when the number of
interconnected gadgets outstripped the number of human beings on the planet.
Now, if we consider the path covered so far and the road ahead, the number of
continuously increasing IoT gadgets reached 8.4 billion in the year 2017 and
expected to be 30 billion in 2020. Furthermore, future predictions and market
coverage showcase that this technology would be going to change not just how we
work but also the way we live. With the decreasing cost of the technology needed
to control the different devices and increasing internet connectivity, IoT is
expected to become an all-pervasive technology in the upcoming ten years. The
technology is so diverse and vast that it has applications in almost every
field, including Medical and Healthcare, Automation and Control,
Transportation, etc.
Patent Landscape
In the IoT domain,
the bulk of patent-related activities take place regularly. The patent
distribution in this domain is quite fragmented. For instance, LG Electronics,
Qualcomm, and Ericsson, followed by many other companies, hold remarkable
patent portfolios. If considered as per the nations, then the United States,
Asian markets of China, Korea, and Japan have seen the noteworthy increase in
the number of patent filings. These are a few; however, almost every country is
observing an increase in their patent filings revolving around IoT technology.
From the above-given
information, we can conclude that IoT has emerged as a hotbed of innovations
with a wide range of companies investing heavily in this domain. However,
obtaining Patent Protection for inventions in the IoT domain isn’t a
cakewalk. There are various challenges that the companies operating and
innovating in the IoT domain often face in regards to patenting their IoT
devices. Hence, one who wants to have the advantage of this modern technology
in a complete sense should understand the challenges that usually shake the IoT
domain along with the solutions for them.
Challenges and
Solutions
Challenges in
association with patenting IoT can be classified into the below two categories:
1.
Claim Scope
IoT systems, in
general, consist of multiple gadgets working together, thus giving birth to
different ways in which the same/specific invention can be claimed in a Patent Application. For instance, apparatus or device claims that
encompass the IoT gadget itself, method claims that emphasize how the IoT
device functions or operates, software-styled claims that take care of
software-implemented processes carried out by the IoT device or remote server
that interacts with these gadgets. Due to the cost factor, most people prefer
limiting their patent applications to only two or three independent claims.
A precise solution
for this kind of challenge points towards being aware of the patentability
requirements, the proposition from the invention, and the cost for attaining
the patent. Besides, you should discover the most suitable type of claims for
your innovation. The best way to do so is to get answers for the four
questions, including what’s the business model of your company, where does the
novelty lie, what’s the relevant licensing value for each sort of claim, and
who can be the potential infringer.
2.
Joint or
Divided Infringement
As IoT technology is
interactive, it often gets implemented in multiple dissimilar locations, and
thus, generates circumstances in which not only one but several parties can
infringe on the inventor’s patent rights. Besides, one can violate the IoT
system, as a whole or in parts, i.e., he/she can sell, own, or operate various
components used to make the system. Divided infringement emphasizes on the
query – whether or not there’s any infringement liability if the violation is
split among multiple devices, actors, or parties. The current rules provided
by Patent Law states
that infringement liability could be possible if the steps in the Patent Infringement process are performed by various parties and
also when a single defendant practices ‘control of direction’ over the whole
process in a way that every step is attributable to the controlling party.
To overcome issues
related to the divided infringement, there is a need to draft precise claims
from the perspective of the main component in the IoT system. However, either
due to continuously updating technology or uncertainty about ~whether the
invention is patent-eligible or not, drafting such claims may appear arduous or
even impossible sometimes. In such cases, inventors should prefer claiming the
components that are more likely to be sold or operated by competitors.
IoT enables the
world to effectively connect and exchange data, thereby creating numerous
opportunities by allowing direct integration of the computer-based systems into
the physical world. It results in improving work efficiency, enhancing economic
benefits, and reducing human exertions. Although the underlying goal of IoT
ecosystems focuses on process optimizations and economic benefits, there are
high chances that inventions related to IoT can be categorized as an abstract
idea, which can be secured under patent protection without showing technical
improvements or tangible results. For more visit: https://www.kashishipr.com/
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