FEATURE MEMS
Innovation in the MEMS sector: The importance of protecting your inventions
Simon Rees, Partner and Patent Attorney at major European Intellectual Property practice, Haseltine Lake, analyses the patent landscape of the MEMS sector and discusses the importance of protecting innovation in this specialist field
I
ntellectual Property (IP) is a critical business asset for companies
developing new products and processes relating to microelectromechanical systems (MEMS). Patents in particular enable a company to exclude others from making, using or selling a patented invention in a particular country, for as long as the patent is in force. Data on patent filings can provide an
interesting perspective on an industry sector by revealing, for example, particular areas of innovation within the sector, key global territories, and the identities of major players, as well as how these have evolved over time. The specialist IP Analytics division at Haseltine Lake has analysed MEMS- related patent application filing data from 1995 onwards, and the results reveal several interesting trends. Findings show there has been a sustained growth in patent filings over the past two decades. This is reflected in the general growth experienced by the MEMS sector over the same period. What started out as a relatively niche industry, generating just a handful of patent applications each year, has grown markedly from 2000 onwards, with a steady increase in the number of MEMS-related patent filings each subsequent year.
MEMS KEY PLAYERS Robert Bosch GmbH is by far the most prolific MEMS patentee, having filed patent applications for more than 300 different inventions since 1995. The company’s MEMS revenue increased by 20% in 2014, largely driven by the smartphones market. In comparison, its next nearest competitor Qualcomm MEMS Technologies Inc., filed applications for 89 inventions in the same period. Semiconductor companies, including
STMicroelectronics, Texas Instruments, Analog Devices and NXP, are well represented among the top 25 companies filing patent applications. This reflects innovation in processing and manufacturing techniques for semiconductor devices. In particular there is an ongoing drive for monolithic integration, where MEMS devices are fully compatible with current CMOS
26 SUMMER 2015 | MICROMATTERS
microfluidics and optical MEMS. However; it is estimated the bioMEMS market in particular is likely to triple in size over the next few years, with smartphone-based healthcare applications contributing significantly to this expected growth.
techniques, removing the need for a separate manufacturing step. It is expected that the increasing use of
MEMS technology will revitalise the printing market. In particular, MEMS- based substitutes for laser printing technology, and inkjet piezo machining technology are becoming more readily available in the commercial printing market, after finding successful applications in consumer printer technology. And, although inkjet printing is under pressure from other technologies such as laser, new applications for the technology continue to be found. These include the printing of electronic circuits, single components, and even biological material, e.g. for automated analyses used in drug discovery or gene mapping.
TECHNOLOGY APPLICATIONS Sensing is currently the most popular application for MEMS technology. It has seen a rapid increase in patent filings since 2010. This can be attributed to the trend for making all electronic devices more “aware”. Modern phones, household appliances, and vehicles all include sensors and are constantly monitoring their environment for contextual data to both improve user experience and also save power. Contrastingly, there have been only
moderate increases in other applications such as microswitches, microengines,
Figure 1:
For inventions relating to MEMS devices themselves, it is advisable to seek patent protection in the main markets where the devices will be sold. Similarly, patent
applications directed to new applications of MEMS devices need to be obtained in countries where the applications are likely to be used.
KEY TERRITORIES The country in which a company first files a patent application for a particular invention is often the same country in which the invention originated. The patent filing data suggests the USA, Japan and Germany are leading the way in terms of MEMS innovation. If Europe is considered as a whole, then it is the second most prolific patent filing territory. This is unsurprising, given the US is home to several large semiconductor manufacturers and a number of the labs used in the manufacture of MEMS devices, whilst Europe is home to some substantial sensor manufacturers such as Siemens and Robert Bosch. This patent-based analysis of the MEMS sector shows it is a highly fragmented market driven by continuous innovation. This is revealed by the high levels of both patent filing and patent opposition and invalidation activity. The nature of the invention dictates
what is the most appropriate form of IP protection, and in which territories it should be obtained. For instance, if an invention lies in a manufacturing method, patents covering that method are likely to have limited value other than for countries where MEMS devices are manufactured. For inventions relating to MEMS devices
themselves, it is advisable to seek patent protection in the main markets where the devices will be sold. Similarly, patent applications directed to new applications of MEMS devices need to be obtained in countries where the applications are likely to be used. In such a highly competitive industry, it is critical for companies to obtain and maintain robust IP protection to ensure that their products and innovations are protected.
Haseltine Lake LLP
www.haseltinelake.com 020 7611 7900
/ MICROMATTERS
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