IoT technologies and their patentability

Digitalization is making its way into more and more industries. Especially in connection with the topics Industry 4.0, Internet of Things (IoT), Big Data Analysis, which in turn have an impact on areas such as medical technology, new materials, autonomous driving. In addition to technological and societal issues, patent law issues are increasingly being discussed. Read here what challenges the developers of IoT applications are facing.

What is meant by Internet of Things (IoT)?

The Internet of Things is seen as an important technical trend in industry. Instead of building closed systems with sensors, controllers and actuators specific to a particular production or application, the aforementioned components communicate with the Internet. There, the systems are "configured" and used individually for the respective task. The technical potential for implementing this process sensibly, elegantly and inexpensively is great. Software is gaining importance in this process in conjunction with hardware.

How do IoT technologies become protectable and patentable?

For the development of IoT technologies, it is of fundamental importance whether and how applications can be protected within the framework of industrial property rights, in particular by patents. For hardware components, this is relatively straightforward. But what makes IoT special is precisely the increased use of software and IoT applications and these are not so easily patentable. Software may be patentable in conjunction with hardware to solve a technical problem. With AI, it becomes even more difficult because it is often not possible to trace how the AI arrives at its solutions, and reproducibility is a requirement of patentability.

On the edge of patent requirements

With these new technologies, you are on the edge of patent requirements. That doesn't mean they can't be patented, but you have to put the technology in its exact context. You also have to consider the different frameworks in different countries. In the U.S., for example, the patentability of software is easier than in Europe.

The rapid advancement of technology also requires further development of the legal framework to protect it from arbitrary copying or replication. Otherwise, it will be difficult for business to invest in the future.