The Internet of Things
shortened as IoT refers to a network of computer-based gadgets, physical
devices, appliances, and all the items that are deployed together with
actuators, sensors, electronics, and software to enhance the collection,
connection, and data exchange. As a platform that offers opportunities to
connect and control different types of devices with big data technology, which
in turn improves performance, promotes economic benefits and minimizes the need
for human intervention, IoT is the most important achievement of the 21st century.
Considering the path IoT covered so far, it is predicted that the continuously
growing technology would bring remarkable changes in not just the way we work
but also the way we live. Now, as everyone wants to make profits by
implementing this modern technology, the market revolving around it is turning
more competitive and vulnerable day-by-day. One of the most common concerns
that this vast technology, having its applications in almost every area,
including transportation, healthcare, etc., faces is issues in patent-related
activities.
Patenting of IoT
Although the patent
distribution in the IoT domain is very fragmented, the bulk of activities
related to patent regularly takes place in this domain. For instance, several
branded companies, like LG Electronics, Ericsson, and Qualcomm, along with
various other firms, stay active in enhancing their patent portfolio. Moreover,
if considered from the nations’ perspective, then multiple countries, including
the US, Japan, China, Korea, India, etc., are experiencing a remarkable hike in
the number of patent filings made by their residents in regards to IoT
technology. With a large number of firms and nations investing highly in
patenting IoT technology, it would not at all be wrong to infer that IoT is
flourishing as a hotbed of inventions. Indeed, securing innovations associated
with IoT under Patent
Protection isn’t
easy. Individuals or firms innovating and operating in the IoT domain often encounter
several challenges that prevent them from patenting their IoT inventions
appropriately.
Challenges in
Patenting IoT and Solutions to Them
1. Claim Scope
As IoT systems refer
to multiple devices functioning together, there are many different approaches with
which the specific invention can be claimed in a Patent Application, for example:
- Device or gadgets claims that
comprise the IoT components
- Method claims that consider how
the IoT device operates, functions, or communicates with each other
- Software-styled claims that
emphasize software-implemented procedures and methods used by the remote
server to communicate with the IoT devices
Though available with
lots of options yet the inventors often keep their patent applications limited
to only one or two claims due to cost factors and complexities.
To get a solution to
this challenge, you need to understand the patentability requirements, be aware
of the cost for obtaining a patent, and be familiar with the proposition from
the innovation. Moreover, find out the answers to some questions like what is
the working model of your business, which part of your invention is novel, who
can infringe your idea. It will help you in getting the most suitable claim
type for your IoT invention deprived of investing in unwanted claims.
2. Joint or Divided Infringement
IoT technology is
interactive, and therefore, can be used at multiple different locations.
Although beneficial, this feature turns the IoT devices more vulnerable
to Patent
Infringement as
it allows multiple parties to violate the inventors’ patent rights.
Furthermore, everyone who infringes on the IoT system can do so in two ways – he/she
can use the entire IoT device or only its parts, i.e., components. In the case
of divided infringement, people often confuse whether there is a liability if
the infringement splits amongst multiple actors, parties, and devices. As per
the Patent Law‘s rules, the violation liability is
likely if the patent infringement involves the participation of various
parties. It is also possible if a single defendant exercises ‘control of
direction’ for the entire process in a manner that each step is attributable to
the ruling party.
A solution in regards
to this challenge can be obtained by drafting claims from the viewpoint of just
one component existing in the IoT system. Nevertheless, due to continually
changing trends and doubts regarding patent eligibility of inventions, it
appears a bit difficult for the individuals or companies to draft such claims.
If it is so, then you should claim only those components that are more
susceptible to be operated or sold by others without your consent.
As mentioned above,
IoT facilitates the world with numerous opportunities by allowing the easy and
direct combination of the physical world with computer-based systems. It is the
trendiest way to improve efficiency and economic benefits, along with reducing
human involvement. And patenting IoT is the best way to extract more and more
benefits from this technology while keeping your invention out of the reach of
infringers.
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