The electronic device industry combines hardware (physical components), embedded software (integrated programs), and industrial designs (external appearance). However, not all these elements are patentable under patent law. As a general rule, any new invention in a field of technology can be protected by a patent if it meets the criteria of novelty, inventive step, and industrial application. Nevertheless, both European and U.S. regulations define exclusions: subject matter that is not considered an invention and is therefore not patentable (for example, computer programs “as such,” mathematical methods, abstract ideas, or ways of presenting information). As we can see, it is not always simple to know what can be patented in an electronic device.
Below, we examine which parts of an electronic device can be the subject of a patent and which must be protected by other means, based on European (EPO), U.S. (USPTO), and international (PCT) regulations.
Hardware patents: electronic components and physical devices
Hardware encompasses the physical components and devices of an electronic product: circuits, sensors, chips, boards, etc. These technical elements are, in principle, patentable if they incorporate a novel technical solution.
Practical examples: A new electronic sensor that is more precise, a microchip with optimized architecture, or a circuit design that reduces energy consumption are all patentable examples, provided they meet the requirements of novelty and non-obviousness.
On the other hand, a scientific discovery or natural principle in itself cannot be patented, nor can an abstract idea without being materialized in a specific device. A specific technical application must be demonstrated.
Embedded software patents: programs integrated into devices
Embedded software is the firmware that controls the internal operation of a device. Patenting in an electronic device as applied to software varies between jurisdictions.
Europe
In Europe, computer programs “as such” are not patentable. However, if the software produces a further technical effect, it can be part of a patentable invention. This happens, for example, when an embedded algorithm controls a motor, reduces energy consumption, or improves a sensor’s response.
United States
In the U.S., software is patentable if it does not constitute an “abstract idea” and provides an additional technical element. Following the ruling in Alice Corp. v. CLS Bank, the software is required to do more than simply execute a generic business function.
Examples: An algorithm that efficiently manages the energy of a portable device or that improves signal processing in real-time can be considered patentable in both systems if it produces a real technical effect.
In both cases, the key focus is on whether the software solves a technical problem in a novel and specific way.
Industrial design: protection of external appearance
The external appearance of a device is not protected by an invention patent, but by industrial design registrations. This is another case to consider if you are thinking about patenting in an electronic device:
- In Europe, through Community Design or national registrations.
- In the U.S., through design patents.
These systems protect the aesthetic form of a product (for example, the casing of a smartphone, the graphical user interface, or the design of a touch button), but not its technical function.
Example: Apple protected the iPhone’s design through design patents, which covered elements such as rounded corners or the arrangement of icons. How the elements worked was not protected, but how they looked was.
If the form has a technical function, such as fins that dissipate heat, that feature could require protection by an invention patent, not by design.
What is not patentable in an electronic device?
When we consider patenting in an electronic device, some elements fall outside of patent protection, including:
- Abstract ideas, scientific principles, or mental methods.
- Software without technical effect, such as administrative systems or mathematical algorithms without industrial application.
- Purely aesthetic designs, without technical function (although they can be registered as industrial designs).
- Functions dictated by nature or required by technique (for example, a purely functional shape that leaves no room for alternative options).
International protection: the Patent Cooperation Treaty (PCT)
The PCT allows for the filing of an international application to protect an invention in more than 150 countries. Although it does not grant a “world patent,” it facilitates the procedure and postpones the costs of entry into each country.
Each country or region (such as the EPO or the USPTO) examines the application according to its own criteria upon entering the national phase.
For industrial designs, there is a separate system: the Hague Agreement, which allows for the registration of designs in multiple countries with a single application.
The importance of advice for patenting in an electronic device
In electronic devices:
- The hardware and embedded software with technical effect are patentable if they are new, non-obvious, and have industrial application.
- The external appearance is protected through industrial design registrations, not by invention patents.
- Abstract ideas, pure algorithms, and functional shapes without technical novelty are not patentable.
Understanding which part of your innovation is patentable and under which legal route allows you to trace an effective protection strategy and optimize resources in industrial property.
If you need to patent an electronic device, it is crucial to protect your invention to ensure your exclusivity in the market. Patents and utility models are essential legal tools that grant you this right. At ISERN Patents and Trademarks, we have a team of specialists with more than 25 years of experience, comprised of Industrial Property Agents, Lawyers, and Economists who can advise you and provide a definitive solution.