Reimagining Innovation Protection in IT: Towards Procedures Aligned with Technological Advancements --By Patrick HOUYOUX, LL.M. ULB, Brussels, Trinity College, Cambridge, UK. President – Director PT SYDECO--

Reimagining Innovation Protection in IT: Towards Procedures Aligned with Technological Advancements

By Patrick HOUYOUX, LL.M. ULB, Brussels, Trinity College, Cambridge, UK. President – Director PT SYDECO

 

Introduction

In the realm of patents, technological innovations are subject to the same rules as traditional industrial inventions. However, in the field of Information Technology (IT), where advancements occur rapidly and continuously, this traditional framework shows its weaknesses. An IT innovation can become outdated long before it is officially protected by a patent, jeopardizing the security and intellectual property of its creators. This article proposes rethinking and modernizing the way we protect inventions in IT to better align with the fast pace of technological development.

I. Limitations of Current Patent Procedures

Classic patent procedures are based on lengthy and rigid steps. Inventors often have to wait years before their inventions are officially patented, with high costs associated with the administrative and legal process. This process is effective for innovations in sectors where changes occur gradually, such as manufacturing industries, but becomes less suitable when it comes to IT, where technology evolves rapidly.

In IT, concepts can be developed, tested, improved, and even completely changed within 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 inventors to the risk of idea theft.

II. Why New Procedures are Needed for IT

Patents, designed for long-term protection, are naturally less effective in fields where technology lifecycles can be short. In IT, innovations are often an iterative process. This means that technological products are continuously modified to address new challenges and evolve in a digital environment. For example, cybersecurity solutions developed to protect against specific threats often need to be updated to counter new attacks. This ongoing cycle of improvement makes the current patent system ineffective.

Moreover, this mismatch hinders IT companies' ability to innovate quickly. They are forced to choose between undertaking costly and lengthy legal steps to protect their inventions or continuing product development without protection, increasing the risk of other companies copying or stealing their work. This situation creates significant insecurity for creators and developers.

III. Proposal for a New Innovation Protection Procedure in IT

In response to these issues, it is crucial to propose a more flexible and effective framework for protecting IT inventions. The idea is to create an official digital platform, overseen by relevant authorities, that allows inventors to record their creations incrementally throughout the development process.

1. Official Digital Platform: IT practitioners can access this site through a secure personal account. Inventors will be the only ones who can view and manage their accounts, ensuring the confidentiality of their work.

2. Incremental Registration: Inventors can register each step of their creation process. What is recorded cannot be modified or deleted, ensuring undeniable tracking of the development stages of the invention. This allows innovations to be protected from early stages, without having to wait for the final product.

3. Direct and Flexible Protection: Unlike classic patent procedures, this platform will ensure immediate protection, with each registration step marked with a specific date. This will eliminate the years-long delays associated with traditional patent processes.

4. Control Over Dissemination and Consultation: Once inventors feel their work is complete, they can officially register their invention. The invention will then be published by the relevant authorities, but inventors will retain control over consultation, visualization, and downloading of their work. Anyone consulting the invention will be identified through a unique ID, ensuring full traceability.

5. Real-Time Monitoring: Inventors will have full access to the consultation history of their work. This allows them to monitor the visibility of their invention and be notified in real-time of any attempts to access their data.

Conclusion

Revising the innovation protection system in IT is an inevitable necessity. The traditional, rigid, and slow patent framework no longer meets the needs of a rapidly evolving sector. By proposing flexible, fast, and digital procedures, we can better protect inventors while fostering innovation in the IT sector. Such legislative evolution can not only secure creations but also promote a more dynamic and competitive environment for IT inventors.