GNSS patents and intellectual property rights

The European GNSS Agency (GSA), along with the e-KnoT project and in conjunction with project partner bavAIRia e.V. (the Bavarian Aerospace Cluster), recently held a two-day seminar providing engineers and scientists working in GNSS and the space sector with insights into the patent process and the scope and content of Intellectual Property Right (IPR) protection along the value chain.

Over the summer, the GSA-funded e-KnoT project, in conjunction with project partner bavAIRia e.V. (the Bavarian Aerospace Cluster), held a two-day seminar providing engineers and scientists working in GNSS and the space sector with insights into the patent process and the scope and content of Intellectual Property Right (IPR) protection along the value chain.

Topics included the different forms of IPR and how to best protect each of them, along with practical insight on IPR contractual provisions in EU and GSA grants and procurements, as well as in ESA projects.

The event was offered in cooperation with BHO Legal, Cologne and Munich, and supported by the European Patent Office (EPO) in Rijswijk and Munich. 

What is IPR?

According to the World Intellectual Property Organisation (WIPO), Intellectual Property (IP) refers to creations of the mind, such as inventions, literary and artistic works; designs; and symbols, names and images used in commerce. ‘By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish’, says the WIPO.

IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. A patent, perhaps the most common method for protecting IPR, is essentially a legal title granting the holder the right to prevent third parties from commercially using an invention without prior authorisation. In return for this protection, the holder is required to disclose the invention to the public. Typically patent protection is granted for a limited period of time (up to 20 years) and for a specified geographic area.

Within the world of GNSS, examples of IPR include the European Patent for the modulation signal for a satellite navigation system. It can also include technology and product design, such as a GNSS integrated antenna.

How do I protect my IPR?

On a European scale, IPR is managed by the European Patent Office. With limited exceptions, in order to receive a patent, the invention must be new, involve an inventive step and be industrially applicable. Typically, patent claims relate to a product, a process, an apparatus or a method. In order to file a patent in Europe, an inventor has three options:

1. European route: applicant files a direct European application (i.e., first filing)
2. National route: applicant files a national application first and, following that, a European application (i.e., second filing) within 12 month after filing the national application and claiming priority from said application.
3. International route: applicant files a PCT application according to the international Patent Cooperation Treaty, and, following that, the applicant enters the European/ National phase (after 30/31 months after filing).

To file, the applicant begins by preparing a description of the invention, one or more claims and, when applicable, some graphs and drawings. The application could be filed online, by fax or post. Once received, the patent office first checks the document for compliance and, if compliant, assigns it a date of filing – which protects it against any similar patent being filed at the same time (i.e., the first to file gets the patent).

In case of option one, the EPO then conducts a search and examination procedure to ensure the invention has not already been patented in Europe. Based on this search, the patent office will issue a search report and preliminary opinion on patentability. Next, applications are examined by a panel of three expert examiners who check that the scope of protection is limited to what is actually patentable.

Help! My patent has been infringed!

Even with a patent, your IPR can still be violated. A patent infringement is defined as the commission of a prohibited act with regard to a patented invention without permission from the patent holder. However, it should be noted that infringement can only occur in countries where a patent is in force; a pending patent application is not sufficient for infringement.

To determine if a patent has been infringed, a specific test is used, requiring that the infringing party’s product or method falls within one or more of the (independent) claims of the patent. If, however, it is shown that the patent holder is not practicing the patented invention, that the infringing party is not performing on any infringing act in the territory covered by the patent, that the patent has expired or has otherwise become invalid, then no infringement will be found.

IPR and European GNSS

So how does this all apply to the development of GNSS technologies? First, it must be remembered that the legal framework for the European GNSS programme is set by the the European Union. The GNSS Regulation specifies that the Union shall be the owner of all tangible and intangible assets created or developed under the Galileo and EGNOS programmes. The Commission shall ensure the optimal use of these assets and an effective IPR management, taking into account the need to protect and give value to the Union's intellectual property rights, the interests of all stakeholders, and the necessity of harmonious development of the markets and of new technologies.

In practice, IPR management is implemented on the level of contracts, with dedicated and sometimes highly complex provisions. The applicability of certain IPR rules depends on whether a project receives a grant (complementary financing, subject to annual programming) or goes through public procurement (process where public authorities purchase work, goods or services).

As a general rule, the EU becomes the owner of all tangible and intangible assets developed or created under public contracts resulting from procurements. As to grants, however, the beneficiary, with exceptions, typically maintains the rights to IP. In this context, it is important to note that although the Commission and the GSA issue both grants and procurements, the ESA only issues procurements.

Where can I learn more?

Clearly, the area of IPR in the context of GNSS is highly complex. To learn more the national and the European Patent Offices offer helpdesks. In addition, especially around the main premises of these institutions, a wide community of specialised patent attorneys is ready to support you. Often regions like Bavaria have an interest to support filing of technology-related patents, so it is a good idea to look for the local aerospace cluster in your region and contact them.

Media note: This feature can be republished without charge provided the European GNSS Agency (GSA) is acknowledged as the source at the top or the bottom of the story. You must request permission before you use any of the photographs on the site. If you republish, we would be grateful if you could link back to the GSA website (http://www.gsa.europa.eu).