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Reinventing Innovation Protection in IT: Toward a Procedure Suited to Technological Evolution
August 2024 by Patrick Houyoux LL.M. ULB, Brussels, Trinity College, Cambridge, UK. President – Director PT SYDECO
In the world of patents, technological innovations are subject to the same rules as traditional industrial inventions. However, in the field of information technology (IT), where progress is continuous and rapid, this traditional framework shows weaknesses. An innovation in IT may become obsolete long before it is officially protected by a patent, jeopardizing the security and intellectual property of the creators. This article proposes rethinking and modernizing the way we protect inventions in the IT field to better align with the rapid pace of technological change.
I. The Limitations of the Current Patent Procedure
The classical patent procedure is based on long and rigid steps. Inventors often have to wait years before their invention is officially patented, with high costs associated with administrative and legal processes. This process is effective for innovations in sectors where changes occur gradually, such as manufacturing industries, but it becomes less suited when talking about IT, where technology evolves rapidly.
In IT, concepts can be developed, tested, improved, and even completely transformed in just a few months. Therefore, an invention described in a patent filed a few years ago often no longer reflects the reality of the final product. This creates a dangerous gap, where an invention is protected on paper, but its actual essence is no longer covered by law, exposing the inventor to the risk of idea theft.
II. Why a New Procedure is Necessary for IT
Patents, designed for long-term protection, are naturally less effective in a field where the lifecycle of technology can be short. In the case of IT inventions, innovation is often an iterative process. This means that technological products are continually modified to respond to new and evolving challenges in the digital environment. For example, a cybersecurity solution developed to protect against a particular type of threat often needs to be modified to address new attacks. This constant cycle of improvements makes the current patent system ineffective.
Furthermore, this mismatch hinders the ability of IT companies to innovate quickly. They are forced to choose between taking costly and lengthy legal steps to protect an invention or continuing to develop their product without protection, thus increasing the risk of other companies copying or stealing their work. This situation creates great insecurity for creators and developers.
III. Proposed New Procedure for Protecting IT Inventions
Faced with this issue, it is crucial to propose a more flexible and efficient framework for protecting inventions in IT. The idea is to create an official digital platform, overseen by a competent authority, that allows inventors to record their creations step by step during the development process.
1. An Official Digital Platform: IT actors could access this site through a private and secure account. The inventor would be the only one able to view and manage their account, guaranteeing the confidentiality of their work.
2. Step-by-Step Recording: The inventor could register each stage of their creation process. What is recorded could not be modified or deleted, ensuring undeniable traceability of the steps taken in developing the invention. This would allow for the protection of the innovation from its early stages, without waiting for the final product to be completed.
3. Immediate and Flexible Protection: Unlike the classical patent procedure, this platform would guarantee immediate protection, with each registration step being timestamped with a certain date. This would eliminate the years-long delays associated with the traditional patent process.
4. Control Over Dissemination and Consultations: Once the inventor feels that their work is completed, they can officially register their invention. It would then be made public by the competent authority, but the inventor would retain control over the consultation, visualization, and downloading of their work. Each person consulting the invention would be identified through a unique ID, ensuring full traceability.
5. Real-Time Monitoring: The inventor would have full access to the history of consultations on their work. This would allow them to monitor the visibility of their invention and be informed in real-time of any attempt to access their data.
Conclusion
Revising the system of invention protection in IT is an inevitable necessity. The rigid and slow traditional patent framework no longer matches the current needs of a rapidly evolving sector. By proposing a flexible, fast, and digital procedure, we can better protect inventors while fostering innovation in the information technology sector. Such a legislative evolution could not only secure creations but also encourage a more dynamic and competitive environment for IT inventors.
