Internet of Things Patenting Made Simpler

 

Internet of Things (IoT) Patenting Made Simpler

IoT system inventions are the core to the majority of businesses and organizations round the globe. So, it’s essential to protect your invention by claiming for a patent and avoiding disputes with other related inventions by competitors.

Here are some of the challenges and their solutions during the Patent Drafting in IoT with proven strategies:

Claim Scope

An invention is an integration of IoT systems. So, there can be a number of ways of claiming a patent for the same invention but through different IoT system’s specifications. Citing some examples of challenges in patent filing for IoT systems are – device claims, method claims, software styled claims, system level claims.

Solution

Patent applications are generally high priced so the number of claims is limited. Some solutions to the challenges of patentability, high cost and various other criterions are mentioned below:

    1. Focus on the factors that are best for the right way of claiming the patent for the invention. Such as:
      • Business model of the organization prioritizes the functionality of IoT device so as to get an idea of the category under which the claim is filed
      • Basis of the point of novelty is very important
      • Licensing values for the type of claims should be taken into account as the software claim can be licensed by different industries
      • The most important step is to look for potential infringers beforehand, so that you are on the safe side
    2. Unexpected prior arts

IoT has turned out to be the best platform for a broad spectrum of inventions in the present times. So, there is always a risk of prior art. So, it’s necessary to have a planned strategy for filing a patent and also you need to have effective back up plans, for being on the safer side.

Joint/Divided Infringement

This is an issue that comes into frame with the increase in computer related inventions that have arrived with the digital evolution around the globe.

Here, multiple parties act together to follow the claiming procedure. The IoT system implemented, could have integration of multiple components, that will result in involvement of more than one party. This can lead to joint/ divided infringement of patent rights.

Solution

As the IoT system has multiple components, the claim should be drafted precisely to overcome the risk of patent eligibility. This process could be complex as the technologies are getting updated with time. So, it is advisable to consult smart drafters, who can design a patent application that projects the uniqueness of the claim in a refined way.

Subject-Matter Eligibility Post Alice v CLS Bank Decision

Alice v CLS Bank was a decision made by the United States Supreme Court about the issue in claiming a patent that may question the computer implementations in the invention and declare it to be only an abstract idea without any productive quality.

Alice owned four patents on electronic methods and computer programming for financial trade processes. Alice alleged that CLS Bank started practicing similar methods that lead to infringement of Alice patents.

Solution

Due to the Alice v CLS Bank decision, patenting of IoT system invention has become difficult. To face this challenge, we have a solution called the Alice two-part test.

Alice Two-Part Test says that natural phenomenon and abstract ideas are non-patentable. And there is a need to check, if an abstract idea is in the claim or the claim directs towards an abstract idea.

Patent Quality

Filing a patent for an IoT invention can be a challenging task, as you need to prove the authenticity of the invention and also face risks like prior art or lack of a valid and strong patent claim.

Solution

To emphasize on the genuineness of the IoT system invention, one should focus on the quality of the patent that would be obtained. For a perfect quality of patent; you need to prepare a draft that covers every significant feature as well as the pitfalls related to the IoT system invention. This will help in addressing the process of claiming a quality patent.

Categories: Patent, Advantage Tags: #services, #trends

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About The Author

Patent research analyst and strategist. Provides key analytical support to inventors, scientists, developers, designers, creators and/or R & D organization for protection of innovations and commercialization of technologies, enforcing patent rights and advising on complex techno-legal matters.

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