IP Review Winter 2019/20

Patents 14 IP review winter 2019/20 It was only after 33 hours and the deployment of the Israeli designed “Drone Dome” system that the drone was eventually safely taken down. Since then there has been a growing threat from terrorist organisations and environmentalist groups threating the use of drones for similar disruption, or for more nefarious means. A patent search has revealed some novel, and relatively unusual, technologies both SMEs and multinational companies are using to combat drones and prevent similar situations happening again. The search shows that even relatively old or conventional technologies can be adapted for new applications and lead to a granted patent, giving the patent owner a commercial advantage over competitors. Not only can patents prevent companies moving into the same airspace, they are also commonly used in the Defence Industry as part of a formal tender bid. If a company can demonstrate that some part of the technology is patented and that only they are able to fulfil delivery of the technical solution, they are likely to prevail in winning the tender. A company can therefore use their patents to their advantage in securing new orders. As is often the case with defence technology, it can be adapted for civilian applications in the future. A patent gives a monopoly right for twenty years, so even if a patent begins life purely protecting a military device, it could be used in the future to protect the technology in a civilian application. An example of this is the use of drone countering technologies in law enforcement. Devices for safely countering drones generally fall into two categories: drone disabling or radio-frequency (RF) disruption. Both of these technologies are more sophisticated than the simple “shoot them out of the sky” idea some international pundits recommended during the Gatwick crisis. Neither of these techniques involve the use of live ammunition. The danger to life in built up areas (like Gatwick) is therefore minimised. An example of a disabling device is shown in Openworks Eng. Ltd. patent EP3303980. Openworks have designed a device which fires a projectile carrying an Electronic Counter Measure (ECM) to disable the electronics in a flying drone. ECMs are used conventionally to inhibit electronic devices in improvised explosive devices (IED). However, they can also disrupt telecoms systems and other vital electronic equipment. By adapting a projectile to include an ECM and firing it at a drone the projectile can be used to disable the drone’s electronics without disrupting ground based electronic systems. Another method of safely disabling a drone is given in US2017144756 by Aagaah et al. Aagaah has developed a ‘hunter’ drone capable of firing a net to capture and disable other drones. This ‘hunter’ drone can safely capture and carry away its prey. This could be to a safe location, for example, to carry out a controlled explosion. Capturing and moving a drone would remove the threat to crowded areas or away from safety critical installations. The Japanese company ‘Disco Corporation’ recently submitted an application for a modified ground based harpoon launcher also using a net to capture drones (US2016376029). The device uses a detector and a modified harpoon bolt with a deployable net. In use the harpoon bolt is fired at a drone and Attack of the drones The major drone incident at Gatwick airport, London, that shut down all flights at the airport just before Christmas 2018 cost £50 million, delayed over 1,000 flights and stranded tens of thousands of passengers.

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