Supervised by a patent attorney: Thorough explanation of obtaining patents for IoT-related technologies - from examination standards to examples

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1. Introduction
2. Definition of IoT related technologies
3. Patent examination standards (invention eligibility, data regulations, novelty/inventive step)
4. Explanation of specific examination cases
5. Effective patent filing strategies
6. Summary and inquiries

Introduction

In recent years, IoT (Internet of Things) technology has rapidly evolved, creating innovative solutions in various industrial fields. In an era where everything from sensor devices to the cloud is connected via networks, obtaining patents for IoT-related technologies has become an important strategy for increasing a company's competitiveness.

However, patent applications for IoT technology have different points to consider than those for traditional technical fields, and it is necessary to understand the patent office's examination standards and formulate an appropriate application strategy. In this article, we will explain the knowledge required to obtain a patent for IoT technology based on the "Examination Standards for IoT Related Technologies" published by the Japan Patent Office.

What is IoT related technology

IoT (Internet of Things)-related technology refers to "technology that utilizes the information obtained when 'things' are connected to a network to discover new value and services."This is a comprehensive technological field that goes beyond simply connecting devices and includes a series of processes such as data acquisition, management, analysis, and utilization.

When looking at IoT technology from a "data" perspective, it can be divided into the following four stages:

1. Data acquisition: Collecting various data from "things" using sensors etc.
2. Data management: Properly manage data collected through the network
3. Data analysis and learning: Analyzing and learning large amounts of data using AI etc.
4. Data utilization: Creation of new value and services

These technological innovations are expected to bring about the Fourth Industrial Revolution. The fusion of IoT technology, artificial intelligence (AI), and 3D printing technology has the potential to transform the industrial structure itself.

Patent examination standards for IoT-related technologies

For patent applications for IoT-related technologies, the Japan Patent Office's "Patent/Utility Model Examination Standards" and "Patent/Utility Model Examination Handbook" are applied. Of particular note are the following screening criteria.

1. Determination of eligibility for invention

Since IoT-related technologies often require computer software, it is important to determine whether the invention is applicable. In order to be recognized as an "invention" under patent law, it must be "a creation of a technical idea that utilizes the laws of nature."

The following points are important when determining whether IoT-related technology is eligible for invention:

• Is information processing by software specifically realized using hardware resources?

  • If software and hardware resources work together to construct a unique information processing device or its operating method depending on the purpose of use, the requirements for invention eligibility are met.

• Does it specifically control the equipment, etc. or perform processing associated with the control?

  • Things that perform specific control such as engine control meet the requirements for eligibility as an invention.

• Does it specifically process information based on the technical characteristics of the target?

  • Information processing based on technical characteristics, such as image processing, satisfies the requirements for patentability.

On the other hand, "mere presentation of information", "artificial arrangements", "things that go against the laws of nature", etc. do not fall under the category of inventions.

2. Invention eligibility regarding data

Since handling of data is important in IoT-related technology, the suitability of the data itself as an invention is also an issue.

• Mere presentation of information: If the data itself falls under the mere presentation of information, it does not fall under the invention.

• Structured data and data structures: Among data, "structured data" and "data structures" can fall under "something equivalent to a program." These may fall under the category of inventions if their data structure is similar to a program in that it specifies computer processing.

• Trained model: If a trained model is clearly a "program", it is treated as a "program".

3. Determination of novelty/inventive step

The novelty and inventive step of IoT-related technologies are basically determined in the same way as in other technical fields, but the following points require special attention.

• Invention of subcombination: IoT-related technologies are usually realized in systems where multiple devices and terminals are connected via a network. Therefore, patent applications are often filed for parts of the system as subcombination inventions. In this case, it is important to properly understand how the matters related to "other subcombinations" specify the structure and function of the invention of the subcombination.

• Determination of inventive step: In determining the inventive step of IoT-related technologies, advantageous effects may be recognized by the use of information obtained when "things" are connected to a network, by unique output information obtained from a specific trained model, or by unique information processing defined by data with a specific structure. Such effects are taken into account when determining inventive step.

Example of patent examination for IoT related technology

The Japan Patent Office has published many examination cases to deepen understanding of patent examinations for IoT-related technologies. Here we introduce some representative examples.

Case 1: Operation method of electric rice cooker (equivalent to invention)

In this case, the operating method of an electric rice cooker that receives information from an external server regarding multiple users' cooking preferences, return time, and whether or not they eat at home, sets the start time of rice cooking based on this information, and executes rice cooking using the optimized cooking method is determined to fall under the invention.

This method specifically performs control or processing associated with the control in order for the electric rice cooker, which is a device, to cook rice, and is a creation of a technical idea that utilizes the laws of nature as a whole.

Case 2: Unmanned vehicle dispatch system (comparison of invention eligibility)

In this case study, two driverless vehicle dispatch systems are compared.

• Eligible for invention: A system that uses facial recognition to identify a person requesting a ride and allows them to use an unmanned vehicle. It was determined that this invention was realized by the collaboration of software and hardware resources, which performs calculations or processing specific to the intended purpose of dispatching unmanned vehicles.

• Not applicable to the invention: A system in which a vehicle dispatch server simply dispatches an unmanned vehicle when it receives a dispatch request from a person who wishes to dispatch a vehicle. This invention does not describe specific means or procedures for realizing specific calculations or processing of information depending on the purpose of use, and it was determined that this invention does not construct a specific information processing system through collaboration of software and hardware resources.

Case 3: Robotic device (determination of novelty)

This case illustrates the determination of novelty in subcombination inventions. This invention relates to a robot device, which is a combination of a robot device and a server to which the robot device is connected via a network.

When controlling the operation of a robot device based on response information that includes "attribute information and unique identification information of each object identified by the server," it is considered novel because it results in a difference in the program of the robot device itself.

On the other hand, in the case of response information that includes "information about the type of object identified based on information received from the object production facility by the server via the network", it is determined that there is no novelty because it does not specify the structure or function of the robot device in any way.

Case 4: Heavy rain point identification system (inventive step)

This case study recognizes the innovativeness of a system that identifies heavy rain locations based on the wiper movements of multiple vehicles.

It was determined that there was no motivation to apply the conventional failure detection system to the heavy rain point identification system because there was no commonality in technical fields, issues, and functions/functions. In this way, when determining the inventive step of IoT-related technologies, the motivation for combining different technical fields is an important point.

Case 5: Case related to data

• Apple sugar content data (not eligible for invention): Simple apple sugar content data does not have technical features in the presentation of information, only the content of the information, so it has been determined that it does not fall under invention.

• Area management data with a tree structure (eligible for invention): Data with a specific tree structure that makes it possible to specify a distribution area that includes current location information input as a search key is considered to be an invention because the data structure has properties similar to a program in that it regulates information processing by a computer.

Patent application strategy for IoT related technology

In order to effectively obtain patents for IoT-related technologies, the following strategies are important.

1. Appropriate understanding of the invention and creation of claims

Since IoT-related technologies include a series of processes such as "data acquisition," "data management," "data analysis/learning," and "data utilization," it is important to clarify which aspects of the invention should be protected.

For example, it is necessary to clarify whether it is an improvement to the sensor device itself, a data management method, an AI analysis method, or an entire system that combines these, and then create an appropriate claim.

2. Appropriate identification of subcombination inventions

When filing an application for a part of an IoT system as a subcombination invention, it is important to clarify how the matters related to "other subcombinations" specify the structure and function of the invention. In particular, by specifically describing the relationship with other subcombinations and the content of data exchange, it may be advantageous in determining novelty and inventive step.

3. Protecting data structures and trained models

In IoT-related technologies, data structures and trained models can have important value. If these may fall under the category of inventions as "similar to programs," it is important to appropriately describe their technical characteristics.

In particular, by clearly explaining how the data structure specifies computer processing and what function the trained model achieves, the possibility of satisfying the requirements for inventiveness increases.

4. Utilization of accelerated examination/super accelerated examination

Since IoT-related technology is a rapidly evolving field, it is important to obtain rights as early as possible. By utilizing the Japan Patent Office's accelerated examination system or super accelerated examination system, you can obtain a patent decision faster than through normal examination.

In particular, implementation-related applications, foreign-related applications, patent applications by small and medium-sized enterprises, etc. are subject to accelerated examination. In addition, the green accelerated examination system is available for inventions related to environmentally friendly green technology.

5. Consideration of international protection

Since IoT-related technologies are often used across borders, international protection is also important. By utilizing PCT (Patent Cooperation Treaty) filing, you can secure filing dates in all PCT member countries (more than 152 countries) with one application.

PCT applications have the advantages of knowing the examiner's opinion regarding patentability through the international search report and written opinion, having a grace period of 30 months before entering the national phase, and being able to file in the language of one's own country.

Summary

In order to obtain a patent for IoT-related technology, an appropriate application strategy is required based on an understanding of its special characteristics. It is important to correctly understand the criteria for determining eligibility, novelty, and inventive step, and to create claims that can protect the value of the invention to the maximum extent possible.

Also, since this is a field where technology is rapidly evolving, you should consider using the accelerated examination system or PCT applications to quickly and widely acquire rights.

IoT-related technology is a field that is expected to continue to develop further in the future. When you develop competitive technology, we recommend that you securely obtain the rights based on an appropriate patent strategy.

Contact us

If you have any questions about patent applications for IoT-related technologies, please feel free to contact our office. Our patent attorneys with extensive experience will propose the optimal patent strategy.

[Disclaimer] This article is for general information purposes only and does not constitute legal advice for any specific case. Please consult an expert regarding specific patent applications.

[References]

• Japan Patent Office “Examination standards for IoT-related technologies”
• Japan Patent Office “Patent/Utility Model Examination Standards”
• Japan Patent Office "Patent/Utility Model Examination Handbook"
• Patent Office “PCT International Search and Preliminary Examination Handbook”

AUTHOR

Takefumi SUGIURA （杉浦 健文）

EVORIX Intellectual Property Law Firm　Managing Patent Attorney

Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).

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