Internet of Things and Patents: Towards the IoT Patent Wars?

Noto La Diega, Guido (2017) Internet of Things and Patents: Towards the IoT Patent Wars? Ticaret ve Fikri Mülkiyet Hukuku Dergisi (TFM), 3 (2). pp. 47-66. ISSN 2149-4576

[img] Text
software patents ankara (1).docx - Accepted Version

Download (72kB)
[img]
Preview
Text
software patents ankara.pdf - Accepted Version

Download (340kB) | Preview
Official URL: http://dergipark.gov.tr/download/article-file/3942...

Abstract

Intellectual property is a key, albeit overlooked, issue when it comes to the Internet of Things (IoT). It is still unclear, for instance, to what extent trade secrets can be used to prevent the user from controlling their own device (the so-called right to hack) and to hinder interoperability. Likewise, it is still to be fully explored to what extent intellectual property (database rights) can be used to prevent data portability. This paper focuses on patent law and, namely, on computer-implemented inventions by giving account of the approaches followed in Europe, United States, and India. With the IoT patenting activity being over eight times larger than the general worldwide increase in patenting, research on this field appears critical. The occasion of this study is the adoption in 2016 of the final version of the Indian guidelines on the examination of computer-related inventions, which have been surprisingly overlooked in the legal literature. The main idea is that the Internet of Things will lead to a dramatic increase of applications for software patents and if examiners, courts, and legislators will not be careful, there is the concrete risk of a surreptitious generalised grant of patents for computer programs as such (in Europe) and for abstract ideas (in the United States). The clarity provided by the Indian guidelines, following a lively public debate, can constitute good practices that Europe, the United States, as well as the Republic of Turkey, should take into account. With the increase of IoT patents, it is foreseeable the shift from the smartphone wars to the IoT wars, as evidenced by some recent litigation between Fitbit and Jawbone. The (perhaps cold) war seems impending, due to a number of reasons, such as the complexity of the supply chain, the several domains in which the IoT is divided and the composite nature of the IoT devices

Item Type: Article
Uncontrolled Keywords: Internet of Things, IoT, software patents, computer-implemented inventions, computer-related inventions, software inventions, patenting, patent law, computer programs, patentable subject matter, patentability, exclusion
Subjects: G400 Computer Science
G500 Information Systems
G600 Software Engineering
M100 Law by area
M200 Law by Topic
Department: Faculties > Business and Law > Northumbria Law School
Related URLs:
Depositing User: Guido Noto La diega
Date Deposited: 13 Nov 2017 14:49
Last Modified: 12 Apr 2018 17:12
URI: http://nrl.northumbria.ac.uk/id/eprint/32511

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year

View more statistics


Policies: NRL Policies | NRL University Deposit Policy | NRL Deposit Licence