Digital Inventions: A Manufacturing and Infrastructure ...

Digital Inventions:

A Manufacturing and Infrastructure

Perspective

Workshop Law Framework for AI,

Legal and Business Status Quo and Outlook, 11.6.2021

Beat Weibel, Chief IP Counsel Siemens

© Siemens 2021 | Beat Weibel | T IP | 2021-06-11

In midst of a technological transformation

From mechanical over electrical to digital & AI

A digital world needs a smart value driven IP Management & Strategy

GT-ACO

Digital Twin

© Siemens 2021 | Beat Weibel | T IP | 2021-06-11Page 2

Digital Twin very short.mp4

Digital Ecosystem


Characteristics

• The world is getting more and more digital and

interconnected

• No company / no research institute / no economy

can master all the technologies alone

• Rather, companies try to focus on there strength

and walk away from monolithic conglomerate

• Successful companies (e.g. hyperscalers) have

created successful platforms with a “winner takes it

all” characteristics thereby forming an own

ecosystem

• However, the best platforms do not work with

contributions from users and third parties

Success is all about collaboration on the one

hand and differentiation on the other

Page 3

IoT drives close integration of IT and OT while increasing number of connected assets significantly

IT, OT, IoT landscape and IoT integration services

IT

OT

IT OT

Logistics PLM HR Finance

Enterprise IT

Note: IoT platform & digital service offerings not in focus of integration services

1) Incl. adding of sensors and installing / upgrading comm. system 2) Incl. cyber security Source: CD SD, CD SP, SMC

1

IoT

CRM

1

IoT

Consulting, prototyping & design Operation & servicesImplementation

x Service

11

1

OT/domain IT

Applications

Digital Services

IoT platforms (on premise/cloud)

2

OT system

1

3 Develop apps for digital use

cases

IoT Integration

1 Interconnecting all devices/

assets to IoT Platform

2 Connecting with Enterprise IP

(e.g. SAP)

Consequences for IP

• New business offerings:

- Consulting, prototyping, design

- Implementation

- Operation & services

• New Competitors

• Open IoT system

➢ Need to understand business

model / USP.

➢ Need to understand what shall

be kept proprietary and what to

license.

3

IP Rights in a digital ecosystem: „Do ut des“


IP Rights

• Define the ownership of an intellectual achievement

• Define the scope of an intellectual achievement

• The focus of IP rights is shifted from monopolizing to

documentation and allowing a fair and transparent

sharing

One can only share what he or she owns.

Page 6

Simulationspatente – G 1/19


Copyright is insufficient for protection along the software production journey

Page 8

SW / Sys

Technical

Architec-

ture

Develop-

ment (incl.

coding)

Testing /

Verifying

Require-

ment /

function

definition

Patenti.e. testing methods

methodology

architectures

Designfor GUI

interaction of GUI

Copyright For codes

Know-howi.e. methodology

algorisms

Patenti.e. functions blocks

architectures/layers

methodology

user-machine interaction

processes


Patentable aspects of machine learning


e.g. type of algorithm, arrange-

ment and connection of network

layers

Algorithm Workflow

e.g. application of ML

technology in the clinical

workflow or for medical services

Pre/postprocessi

ng

e.g. combination of data from

different sources, configuration

of imaging apparatus

Training

e.g. approach how training data

are employed to generate a

neural network suitable for a

specific taskdetectability / exploitability

Digital Inventor?


Patents not only protect one´s Unique Selling Proposition but also one´s contribution to a Digital Ecosystem


Patents in a digital ecosystem

• Patents are needed document a

company’s contribution

• Without IP protection an intellectual

contribution cannot appropriately be

defined

• IP rights are material for transforming

inventions into innovations

Modern value driven IP Strategy

• Protection for simulation inventions =>

G1/19

• Expand “inventor” to legal persons to

allow patenting AI inventions

• Flexible examination terms

• EU SW Register

Page 11

ContactPublished by Siemens AG

Beat Weibel

Chief IP Counsel

Intellectual Property

Otto-Hahn-Ring 6

81739 Munich

Germany

Phone +49 (89) 780529127

Mobile +49 (173) 41-59525

E-mail [email protected]


mailto:[email protected]

Digital Inventions: A Manufacturing and Infrastructure ...

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