ICT

Electronics

Electronics, in the narrowest sense of the word, deals with the control of electrons. This is done using signal processing circuits of active and passive types. All ICT equipment includes electronics, and the movement towards the Internet of Things, Artificial Intelligence, ML and Virtual Reality is effectively an «electronization» of almost everything around us. Electronic components and systems today are an integral part of our everyday lives and include everything from microelectronic circuits to power electronics. In short, everything from cars to entertainment products and toys.

Communication

Manufacturers of telecommunication equipment rely on proper protection of their products. Cooperation is common, within the telecommunication industry, on the standardization of technology. Standardization of communication protocols, and development and work within the different standards groups pose particular challenges when it comes to the right to exploit inventions. Frand-contracts first started within telecommunications. Frand or RAND contracts or license agreements are often required by standards organizations, and it is important to understand them in Telecom development.

Telecoms has expanded to include signal processing, processing and communication of data, sometimes as part of «The Internet of Things» (IoT). The term also covers AI and VR/AR. 4g-communication and emerging platforms such as 4g +, 5g, D2D (Device-to-Device), VM (Virtual machines) and the interface between users and devices. Devices are increasingly «online», data is collected, measured and calculated locally in appliances or in the «cloud». IoT is ubiquitous. New solutions are being developed through the interfaces for machine learning, neural networks, AI, Virtual and Augmented Reality.

Data communications include many of the same issues as Telecoms.

Standardization is also important in computer communications, and IoT, D2D, AI and VR can have as much relevance in computer communication as in Telecoms.

Data

Software developers operate within an area that is particularly complicated in terms of copyright and patent law. Software patents are not harmonized across national borders. Choosing the right strategy for the protection of software requires having the necessary experience. Patenting should be considered, as opposed to general copyright protection of source code. Alternatively, you may consider protecting the software as far as possible by way of secrecy (corporate secrets).

What can be patented? Is all source code automatically protected by the copyright? How does this work when the software is developed in a team? What about licenses, such as «open source» and “copyleft”? What rights and conditions apply and what duties are the programmers under when using open source/copyleft licenses?» What rights and conditions apply when the software is wholly or partially developed with the use of artificial intelligence? What about the infringement of other people’s rights where the software is developed by itself? These are just some of the many questions that come up in this area.

Industry Players

There is a wide range of Industry players within ICT. From a technical point of view, they include hardware developers and software developers in the widest sense of the word. However, hardware today cannot be viewed in isolation from software, as electronic components are often programmable. Hardware can be developed within many different types of environments, while production usually requires costly production facilities.

Sensors are to be found almost everywhere these days, not least as a result of the IoT. Development of sensors requires knowledge of material technology, physics, mathematics and production technology.

Development within Telecoms has traditionally been associated with multinational telecommunication companies. Today, IoT appliances are being developed by large and small production companies. For students, there is a living environment for everything that is «on the Internet». Software is becoming more and more important in the Telecom sector. Software is being developed by students in projects, and being developed by multinational companies for the management of processes, machinery and services. Some software will have a long life-span. Other software may have a very short life-span. Some software is a mix of self-developed and «ready-made» open source software. Within the industry, outsourcing is widely used, which can make it difficult to monitor intellectual property rights and the freedom to operate. The choice of protection mechanisms must be made in light of the character of the invention, its life-span, who is the developer and the other players in the relevant area.

Why are intellectual property rights important?

Intellectual property rights are crucial for protecting the intellectual value created in a company. Large parts of a company’s value, within ICT, are often based on intellectual capital. Property and machinery are less valuable. You therefore need to protect your intellectual capital so that it does not disappear with the products or their developers. The manufacturing industry may be slightly differently, but within the software industry, the company’s entire value may be based on intellectual capital.

It is important to have a carefully considered IP strategy for your own protection and to avoid infringing third party rights. The patent process itself gives an insight into the technology in the field, and helps prevent infringement of third party rights.

Software often plays a central role within Telecoms. Some software is patentable in certain contexts and in certain jurisdictions, but not in others. Standardization is important within ICT. Standardization involves widespread licensing and there is therefore a need for network agreements. Some software is patentable in certain contexts and in certain jurisdictions but not in other jurisdictions, and the same may be true for the «freedom to operate». In all these cases, and in the import of products or services and product development, it is important to consider your own and/or others’ intellectual property rights.

How can we help?

Bryn Aarflot can recommend the IPR strategy tailored to your product portfolio, taking into account market, life-span and patentability. We have extensive experience in ICT, from working in the industry, for the patent authorities and as patent advisors. Several of our ICT patent consultants are active in this field, and involved in research for international organizations. Bryn Aarflot can help you identify development opportunities, based on our knowledge of the market. Using the technical tools we have at our disposal, we can map out the development opportunities as well as «freedom to operate» opportunities.