Over the last decade, technological advancements have radically changed how we interact with technology on a daily basis. The COVID-19 epidemic also accelerated the need for many organizations to adapt internal and external digital infrastructure in order to move to remote work or to convert a brick-and-mortar business to e-commerce. The likelihood of facing cybersecurity risks increases as we become more integrated into the digital world. To combat these dangers, a rising community of start-ups and small and medium-sized organizations (SMEs) is providing novel cybersecurity technology.
Because of weaknesses resulting from aging internet platforms and deliberate attacks, the likelihood of facing cybersecurity risks increases as we become more integrated into the digital world. To combat these dangers, a rising community of start-ups and small and medium-sized organizations (SMEs) is providing novel cybersecurity technology. For these start-ups and SMEs to maintain their competitive edge, they must have an IP strategy that is linked with their business goals.
Patents, whether used offensively or defensively, can be one of the most potent IP instruments available to technology companies. Patents can be utilized to protect innovative and inventive systems and procedures that are employed to combat cybersecurity threats in the cybersecurity arena. New or enhanced access control and authentication, software and data monitoring that reduces bandwidth and/or storage requirements, and hardware security against malicious assaults are all examples of innovation in this sector.
When deciding whether to pursue patent protection, corporations should assess the technology’s worth to the broader business as well as the cost to the company if its competitors are able to reproduce their ideas without restriction. Having a patent portfolio that focuses on high-priority technologies can boost a company’s valuation and give it a leg up in cross-licensing discussions.
Software-based solutions are often at the forefront of cybersecurity advancements. Despite the fact that patent law is jurisdictional, developments in the United States frequently serve as precedent for the treatment of software patents around the world. Despite the uncertainty on software patents following the U.S. Supreme Court’s 2014 decision in Alice Corp. v. CLS Bank International, subsequent jurisprudence and Patent Office guidance on this topic has helped patent applicants navigate the software patent space.
Patents can be used to protect software-driven innovations, but they must be framed as a technical solution to a technical problem in order to avoid objections from the Patent Office claiming ineligible subject matter. It’s also a good idea to design these patent applications in such a way that they’re assigned to US Patent Office Art Units that deal with cybersecurity, such as Art Units 2431 or 2491 related to “Information Security”.
This can help ensure that these cases are reviewed by Patent Examiners who are competent in this field. Software patent applications that wind up in Art Units 3620, 3680, and 3690, on the other hand, frequently face significant ineligible subject-matter barriers.
Patents and Trade Secrets: Balancing IP Protection
Trade secrets are another sort of IP that is frequently used in cybersecurity. Any information with commercial worth, such as data, algorithms, business procedures, and so on, can be protected as trade secrets. Although trade secret protection laws vary by jurisdiction, the general rule is that the trade secret owner must make all reasonable steps to prevent the trade secret from being accessible by non-essential people.
The lack of a government registration process and no necessity to divulge technical details of the idea are two advantages of this sort of protection. With trade secrets, there is also an infinite duration of protection. The restrictions of trade secret protection, on the other hand, can be severe–most notably, protection ends once the innovation becomes public knowledge (whether by inadvertent or deliberate means). If a third party develops and patents the trade secret independently, this sort of protection loses its value.
During the early development stages of their software-driven solutions, developers of cybersecurity solutions should rely on trade secret protection by keeping technical details discreet and on a strictly “need-to-know” basis. As the technology grows, these innovators might assess the invention’s worth in light of the competitive environment to determine whether the patent route, which necessitates a technical public disclosure of the discovery, is merited.
Patents aren’t required for every breakthrough. Understanding the business risks and trade-offs between patent and trade secret protection is the foundation of an effective IP strategy. There is never a one-size-fits-all IP strategy but due to the fast-paced nature of cybersecurity technologies, innovators in this space must be mindful of protecting their IP early to secure their competitive edge.
You can see a list Canada IP firms here