How Technology Has Impacted Intellectual Property
Innovation and technology are a lot like the chicken and the egg. It’s hard to say what came first, there will always be a case for both sides, and now we need both to survive. Caught in the middle is the ever-changing landscape of intellectual property management. With the turn of the 21st century came the dotcom boom, which begets the digitization of virtually every aspect of society. As a result, the world today is smaller and more connected than ever, information is more readily and easily accessible than we could’ve imagined, and technology continues to rapidly advance. The impact of evolving technology is especially evident in the I.P. industry. From 3D printers and artificial intelligence to widespread automation, to increasingly sophisticated CRMs and business systems, the relationship between technology, innovation, and intellectual property protection has never been more urgent.
In the burgeoning 3D printing world, patent protection is growing more complex and instances of litigation are on the rise. Comprising a virtually infinite number of processes, materials, and application combinations, 3D printing patents have skyrocketed in recent years. One analysis available, from Germany-based IPlytics, shows exponential patent application growth from 2007 to 2019, from just over 2,000 applications filed in 2007, to more than 24,000 filed in 2018 and over 3,000 filed just in January 2019, the latest data point available for the report.
Not to be outdone, the number of artificial intelligence patent applications has surged at an even greater rate during the same timeframe, according to IPlytics latest A.I. report. From autocorrect and spellcheck functions to Deep Learning, which comprises facial recognition, vehicle autopilot, delivery robots, and virtual assistants, AI has evolved dramatically in the first part of the century, leading to an explosion of patent applications from tech companies simply trying to state competitive. In 2007, nearly 23,000 A.I. patent applications were submitted. By 2018, that number rose to more than 78,000, and January 2019 alone saw over 9,000 applications. The proliferation of applications across both the 3D printing and A.I. worlds led, perhaps inevitably, to a wave of litigation. In the same 12 years, 155 3D printing patents were litigated in the U.S. alone. The number of litigated A.I. patents was well over 1,100 in the U.S.
As technology becomes more cutting-edge, the industry’s most prominent players are naturally best positioned to capitalize. Recent years, however, have shown an uptick in patent litigation against big tech companies such as Google and Apple, many of which have resulted in wins for the smaller companies and massive monetary losses for the tech giants. This proves that even when branding and budgets are often essential elements, patents can help even the playing field. As technology profoundly shapes I.P. strategy, with patent application numbers soaring to match technology’s rapid progression, innovative I.P. management solutions are a must. With them, it won’t matter whether the chicken or the egg – technology or innovation – came first. What’s important is that both can be protected in the henhouse from foxes looking to raid the coop.