Title: Design optimisation - challenges in protecting intellectual property

Authors: M. Tirović; Ian P. Hartwell

Addresses: School of Engineering, Cranfield University, Cranfield, Bedford, MK43 0AL, UK ' School of Engineering, Cranfield University, Cranfield, Bedford, MK43 0AL, UK

Abstract: Computer-based design optimisation methods are fast and powerful; however, recent experience from the oil and automotive industries suggests that patent protection of such methods and the resulting products may be problematic, particularly as regards obviousness and level of detail (so called 'sufficiency'). The authors have explored these issues in detail based on the research work on optimisation methods applied to the design of high performance car brake callipers. Whilst the general design features obtained by such methods would appear to be obvious (and thus not patentable), certain sub-optimal and detailed optimal product designs would not. It becomes clear that the risk of invalidity may also be reduced by making the design method and the product design resulting from that method the subject of separate patent applications.

Keywords: patents; sufficiency; obvious; inventive step; automobile industry; vehicle brakes; automotive brake callipers; intellectual property; patent protection; design optimisation; product design; design method; design process.

DOI: 10.1504/IJIPM.2013.056240

International Journal of Intellectual Property Management, 2013 Vol.6 No.3, pp.159 - 177

Received: 25 Nov 2012
Accepted: 13 Jan 2013
Published online: 31 Mar 2014 *

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