Robotization in manufacturing: protecting (digital) innovations

Robotization and automation are the order of the day, especially in the manufacturing industry. After all, as a result, production can be done faster, cheaper and with fewer personnel. This requires (digital) innovations at the assembly line. These can be carried out internally, but in many cases are also outsourced. This raises the question: who owns the rights to these innovations? There are quite a few misunderstandings about this. For example, it is sometimes thought that whoever commissions a particular design is therefore automatically the rightful owner. However, this is certainly not always the case. So it is good to briefly consider this.

What rights?

First of all, it is important to establish that an idea or concept to, for example, adapt a production process in a certain way is not in itself protected. Only when this idea or concept is worked out in a sufficiently concrete manner can it qualify for protection by intellectual property rights. Partly in view of this, it is important to protect such ideas and concepts in advance by, among other things, entering into confidentiality agreements with employees and (future) suppliers. Subsequently, it can be examined which intellectual property rights might offer protection. When it comes to the protection of innovations in the field of robotization and automation in the manufacturing industry, mainly patents and copyrights will play a role.

Patent rights

Briefly, a patent can be granted for inventions, which are technical, new and inventive. Consider, for example, robotic control of machines or software with a technical effect. A patent must be applied for and then grants an exclusive right to further exploit the invention.

The main rule is that the person who made the invention can be granted a patent. However, not only the inventor himself can apply for a patent. For example, the applicant for a patent may also be a party who has purchased a particular invention or an employer. Under the law, an invention belongs to the employer if it was invented by an employee in his usual work. Importantly, however, these rules do not apply, for example, to a contractor. In that case, the actual inventor, the contractor, is entitled to a patent. Thus, if the parties do not find this desirable, it will have to be contractually agreed that the patent belongs to the principal.

Copyright

Copyrights arise automatically from the mere creation of a work, without requiring entry in a register. To qualify for copyright protection, the work must have its own original character and contain the creator's personal stamp. This means that the work must exhibit a certain degree of creativity. That which is necessary to obtain a certain technical effect is not protected by copyright. Thus, when it comes to robotization and automation in the manufacturing industry, at first glance, copyrights do not seem to come into play easily. However, the source code of software and, for example, the user interface may be protected by copyrights.

The main rule is that copyrights belong to the person who created a particular design. Thus, if a contractor has developed a particular innovation, the copyrights belong to him and not to the client. However, copyrights can be assigned by contract in advance. Therefore, if the client wants to be able to claim the copyrights, agreements must be made with the contractor about this.

Trade secret

Also, a particular form of robotization or automation may not qualify for protection by intellectual property rights because the conditions for protection are not met. Consider, for example, specific know-how regarding production methods or formulas. In that case, it is advisable to keep the information concerned secret, by taking measures such as encryption and concluding non-disclosure agreements. This means that the information can be classified as a trade secret and, on that basis, action can be taken against third parties who make unauthorized use of it. Read more about this, for example, in the article Protect your trade secrets!

Importance of clear agreements

Innovations in the production process can be protected in various ways. It is important to think about the possibilities in advance and to make proper agreements with employees and suppliers, among others. For the various intellectual property rights, such as patents and copyrights, there are different legal rules for designating the rightful owner. By making agreements in advance, discussions about who owns a particular innovation, who may use it and under what conditions can be avoided.