Internet of Things Continued: Subject Matter Eligibility

In the first part of this three-part series on issues related to obtaining and enforcing patent protection issues in the IoT space, we touched on circumstances related to divided infringement, and subject matter eligibility.  In this second part, we continue the discussion related to subject matter eligibility, by providing some examples of how to structure claims to avoid invoking rejections based on claims directed to an abstract idea, and provide examples of strategies to potentially overcome close prior art references.   

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Autonomous Vehicles: Patenting Outside-the-box

Autonomous vehicle technology has the potential to profoundly alter transportation as we know it.  Aside from a fundamental sea change in the public’s perception of transportation in general, autonomous vehicle technology has the potential to alter the makeup of roadways by enabling an easing of traffic congestion due to vehicles being able to travel more efficiently and closer together, to promote safer car travel, and to potentially reduce carbon emissions if combined, for example, with electric technology.

In an industry with so much potential, there are of course innumerable opportunities for development of intellectual property portfolios related to autonomous vehicles.  The focus of today’s post is to emphasize that in such an industry with so much potential, it is important to think outside the box in search of new ideas and strategies.  As an example, consider a recent patent (US 9340178 B1) granted to Google, which aims to reduce “secondary impact” in a situation where a pedestrian were to be struck by an autonomous vehicle.  Secondary impact refers to the impact of a pedestrian hitting either a roof of the car, a street surface, etc., subsequent to the vehicle striking the pedestrian (initial impact).  Secondary impact often is what results in serious injuries, as compared to initial impact.

The Google patent aims to reduce secondary impact via an eggshell-like coating over an adhesive layer, such that insects and other small animals and debris are not constantly accumulating on the surface, but where a pedestrian may become stuck to the adhesive layer in the event of a collision.  By securing the pedestrian to the vehicle, the idea is that opportunity for serious injury may be reduced, due to the avoidance of secondary impact.  For a visual representation, refer to the figure below taken from the patent.

           

 

            While such an approach is certainly different (and may or may not ever be implemented), it serves the purpose of illustrating the importance of taking a broad approach to intellectual property pursuits in this exciting new era of autonomous vehicles.  Such an approach should not only be viewed as appropriate for the autonomous vehicle space.  Whatever industry you are involved in, are you thinking outside the box to develop your intellectual property portfolio?