The construction industry, while traditionally reliant on physical labor and materials, has increasingly integrated software and technology into its operations. This technological advancement, while offering numerous benefits, also introduces unique intellectual property risks in the form of patents and copyrights.
Patent Risks
Patents protect inventions, including software, hardware, and processes. In the construction industry, patent infringement can arise from various technologies and methods, as discussed below:
Software and Data Management
Many construction companies now use web-based bid analysis, award, and contract systems to streamline their operations. Project management software is another tool that helps teams coordinate schedules and resources efficiently. Real-time monitoring of subcontractors ensures that work is progressing as planned, while automated quality assurance systems help maintain high standards and compliance with regulations.
Construction Site Technologies
Advanced technologies are increasingly being deployed on construction sites. Support systems for building exteriors provide additional stability and safety, while fire-rated wall construction products enhance structural resilience. Vehicle control systems improve logistics and safety, and water treatment and storm drain technologies help manage environmental impact. Additionally, RFID tag and site management systems offer enhanced tracking and coordination of materials and equipment.
Design Patents
Various design elements in the construction industry are subject to patent protection. Fence panels and building structures are common examples. Other patented designs include wall blocks, textured building panels, framing members, and construction blocks, all of which contribute to unique architectural and structural innovations.
Copyright Risks
Copyright protects original works of authorship, including architectural works. This means that architectural plans, drawings, and even the building itself can be subject to copyright infringement.
Recent IP Litigation in Construction
Recent years have seen increased IP litigation in the construction industry, with cases involving computerized laboratory information management systems, mobile asset management systems, automated pricing systems, and aerial roof estimation systems. These disputes highlight the growing need for IP protection in construction technology.
Mitigating IP Risks
To mitigate IP risks, construction companies should take proactive steps. Conducting regular IP audits can help identify areas of potential infringement and vulnerability. Consulting with IP attorneys ensures a clear understanding of relevant IP laws and provides strategic protection measures. Licensing necessary technologies helps companies legally incorporate patented innovations into their work. Contracts with suppliers, contractors, and clients should be carefully reviewed to include appropriate IP provisions. Additionally, staying informed about the latest patents and copyrights in the industry can help prevent unintentional infringement.
Carrying IP insurance is another crucial step. IPISC offers coverage for when your IP is infringed upon or when you are accused of infringement. Our company can underwrite and customize the policy to the client’s specific needs, selling only the coverages the client requests or requires within their budget. Having 30+ years of experience allows IPISC to be nimble and creative where needed.
Click here to request an estimate for covering your charges made against you alleging infringement (defense) or for you to protect your intellectual property by enforcing your ip rights (enforcement).
