Comprehensive patent acquisition possible, infringement lawsuits inevitable

As patent disputes, which were primarily focused on smartphones, expand into the Internet of Things (IoT) sector, arguments have been raised that domestic patent registration should be prioritized.

Kang Jeong-bin, a patent attorney at IPIST Patent Law Firm who attended the Internet of Things technology seminar held at Songdo Convention Center on the 25th, said, “Although the amount of damages in patent disputes is small, it is possible to claim an injunction against patent infringement, which can prevent copying by subcontractors, outsourcing companies, and competitors,” adding, “In addition, (domestic patent registration) is an important factor in securing national or public/private business contracts.”

Patent Attorney Kang continued, “U.S. patents based on Korean patents can hold significant economic value. As the global trend shifts toward patent protection, the domestic market is also facing pressure.” He added, “Due to the nature of IoT, it is easier to obtain patents with more comprehensive coverage than in other fields. If companies secure patents comprehensively, patent infringement lawsuits become inevitable,” emphasizing that patent protection can be a competitive advantage for small and medium-sized enterprises.


In his presentation that day, Patent Attorney Kang introduced the case of Nest Labs, acquired by Google, and Allure Energy, a former startup, as an example of an IoT patent dispute. Allure Energy patented technology that automatically adjusts heating and cooling based on the user's location. This later became a problem when the technology was applied to IoT products released by Nest Labs.

He said, “Allure Energy patented the technology in advance, predicting that its product would fail and be applied, while Nest Labs succeeded with the product using that technology. However, it was Allure Energy that gained a positive outcome from the lawsuit. For small and medium-sized enterprises to compete with large corporations and grow, it is important to hold patent rights.”

There are no such dispute cases in Korea. Since the average amount of damages from domestic patent infringement is less than 100 million won, litigation costs are burdensome, resulting in fewer than 100 infringement lawsuits filed annually. Under these circumstances, foreign companies do not file for patents in Korea, and even large domestic corporations tend to file for patents overseas rather than domestically. However, it was emphasized that small and medium-sized enterprises (SMEs) must prioritize domestic patent registration to benefit in the long run.

Patent Attorney Kang further explained that in securing patent rights, one should focus on 'where and which patents to file to maximize profits,' such as patents regarding features that IoT devices must commonly possess, patents regarding functions that will inevitably arise due to changes in the technological environment, patents regarding core purposes that can be realized by integrating IoT into devices, patents regarding what will be clearly and essentially used from a user's perspective (UI), and patents from a different angle regarding features currently used as essentials.