Patents in XR: Bridging Knowledge and Innovation

You have a patent? Perfect, that means your invention is protected, and you have control over who can replicate your innovation. But did you also know that patents are essential for sharing knowledge and fostering an open culture of innovation? It's important to maintain a balance between these aspects of patents, ensuring that the inventor is protected while the patent serves as a bridge for knowledge sharing and innovation that benefits everyone. Read on to find out the insights on this topic by Simon Van Mierlo, a trainee patent attorney at EP&C.

The Patent System for Smaller XR Innovators

In a world where competition is often fierce and innovations develop at a rapid pace, patents play a crucial role. However, smaller innovators often view the patent system with suspicion. There are many stories about patents hindering innovation. The notion is that protection could prevent smaller players in technology domains like Extended Reality (XR) from developing new technologies due to obstacles posed by adjacent sectors.

But while protection is indeed a key aspect of the patent system, that's only half of the story. The system is equally focused on knowledge sharing. In fact, a patent functions as an enabler of knowledge sharing and innovation, benefiting start-ups and society as a whole.

Technical and Business Information

The patent system is a catalyst for knowledge sharing, extending beyond just technical knowledge. For example, you can find all the information about patents applied for and granted by the European Patent Office (EPO) for free at worldwide.espacenet.com. This database is a valuable source of technical knowledge—how do other companies solve problems in the XR domain?—as well as business information: what strategies are your competitors using?

Your Patent Describes and Protects

When a patent is granted for your invention, you receive protection. This means that society loses something, as an invention is removed from the public domain. To balance this, the patent system is designed to return the knowledge associated with the invention back to society.

This means that a patent does two things: it describes and protects. A patent is first and foremost a description of a solution to a technical problem. And this description must be detailed enough that others can replicate the invention.

Secondly, a patent provides protection and control. You describe your invention, and the patent ensures that you have control over who can use the knowledge and who can reproduce your invention.

1+1=3: The Possibilities of a Patent

Both characteristics of a patent are inseparably linked, and this creates opportunities for the patent holder and other players.

If you own a patent, you can use it to position yourself more strongly with potential investors. You can also generate income by allowing other companies to reproduce your invention for a fee. On the other hand, a competitor's patent might enable you to develop your own innovative alternative.

But patents also facilitate communication between different parties. Without protection, you might choose to keep your invention secret. However, with the protection of a patent, you can confidently engage in discussions with other, competing companies.

This happens, for example, within standardization committees that facilitate the development of standards, such as video encoding, by individual companies. In these committees, the various members share their patented technology. Based on the contribution of these technologies to the standard, the ROI for the different companies is then calculated.

This is a great example of how the patent system can be a catalyst for innovation and knowledge sharing rather than an obstacle or hindrance.