Protecting innovation in aerospace

As the aerospace industry continues to grow, it is crucial for companies to protect their innovative ideas and technologies through intellectual property (IP) protection. This article will discuss some of the latest innovations in the aerospace industry, including SpaceX's Starship spacecraft, eVTOL aircraft, and large commercial aviation.

SpaceX's Starship continues to innovate with patents covering key technology
The aerospace industry is anticipating the continued development and testing of SpaceX's Starship. The company plans to conduct more test flights of the Starship prototype throughout the year, including its first orbital flight. SpaceX’s development has been characterized by frequent schedule changes, but the company remains optimistic about achieving its ambitious goals of revolutionizing space travel and settlement.

As SpaceX's Starship spacecraft has been making headlines in recent years, the company has filed several patents related to the spacecraft's design and technology. These patents cover various aspects of the spacecraft, including its structural material, its antenna design, and its battery system.

The future of eVTOL aircraft: industry developments, advancements, and patent strategies
The electric vertical takeoff and landing (eVTOL) aircraft industry is gaining momentum with the development of new models and prototypes. An eVTOL aircraft is designed to take off and land vertically, without the need for a runway. It is powered by electric motors and batteries, which make it a more sustainable alternative to traditional aircraft.

eVTOL aircraft have the potential to revolutionize urban mobility by allowing people to travel quickly and efficiently between locations within a city or metropolitan area. They can also be used for emergency medical services, search and rescue operations, and other applications where traditional aircraft are not well-suited. Additionally, eVTOL aircraft are designed to be quieter than traditional helicopters, which makes them more suitable for use in urban areas where noise pollution is a concern.

Some companies such as Joby Aviation, Archer, and Lilium lead the way to the latest development in eVTOL. These companies are not only filing patents for their technology but are also using trade secrets to protect their manufacturing processes and source code. For example, Joby Aviation has filed patents related to its eVTOL aircraft, including patents for aircraft and wing design. Similarly, Lilium has filed patents related to its eVTOL aircraft, including patents for its battery management system and its engine design.

Meanwhile, Archer has developed a proprietary manufacturing process for its eVTOL aircraft, which it keeps as a trade secret. The company also uses trade secrets to protect its software and control systems, which it considers to be key differentiators in the market.

Patents are more suitable for protecting inventions or designs that can be reverse-engineered or easily copied, while trade secrets are better suited for protecting confidential business information, such as manufacturing processes and source code, that cannot be easily reverse-engineered or discovered by others. Patents have a limited lifespan of about 20 years and require public disclosure, while trade secrets can last as long as the secret is kept, but come with fewer protections. For example, a competitor who independently creates a competing product may infringe a patent, but likely will not violate trade secret protections.

For example, a company that develops a new type of electric motor for an eVTOL aircraft may choose to seek patent protection for the motor design to prevent competitors from copying it. Similarly, a company that develops a unique control system for its eVTOL aircraft may choose to seek patent protection for the system and the way it interacts with the rest of the aircraft.

However, a company that develops a proprietary manufacturing process for its eVTOL aircraft may choose to keep the process a trade secret rather than seek patent protection. This can be particularly useful if the manufacturing process is difficult to reverse-engineer and provides the company with a competitive advantage.

Patent protection in commercial aviation: Boeing and Airbus's innovations and challenges
Boeing and Airbus continue to dominate the large commercial aviation industry, with new aircraft models scheduled for release in the coming years. Boeing plans to begin delivering its 777X aircraft in 2025, while Airbus introduced its A321XLR in 2022. The commercial aviation industry is highly competitive, and companies in this industry rely heavily on innovation to maintain their market position. As a result, these companies often seek patent protection for their innovative designs and technologies.

Commercial aviation companies seek patent protection for their aircraft designs, materials, and manufacturing process. For example, Boeing has filed patents related to its 777X aircraft, including patents for the aircraft's folding wingtips, which allow the aircraft to fit into smaller parking spaces.

Aside from utility patents, these largest commercial aircraft manufacturers also seek design patents for their aircraft. These design patents protect the unique and ornamental features of the aircraft, such as the shape of the fuselage, wings, and tail.

Boeing, for example, has filed design patents for many of its aircraft, including the iconic 747, the 787 Dreamliner, and the new 777X. These patents cover the aircraft's overall shape and design, as well as specific features such as the shape of the windows, the design of the cockpit, and even the antenna radome.

Another area where commercial aviation companies seek patent protection is in the field of aircraft systems and controls. For example, Boeing has filed patents related to its flight control systems, including patents for systems that can mitigate air traffic jams. Airbus has filed patents related to its flight management systems, including patents for systems that optimize the aircraft's take off time based on weather and other factors.

In obtaining patents on flight control and management systems, one will likely encounter patent subject matter eligibility issues. To be eligible for patent protection, the flight control and management system inventions must be shown to be more than just an abstract idea or mathematical algorithm and instead must demonstrate a practical application in a specific technological field.

Although flight control and management systems are not inherently abstract ideas or mathematical algorithms, patent applications in this area constantly face rejections. For example, a flight control system that uses algorithms to modify the aircraft’s trajectory might be regarded as nothing more than an abstract use of algorithms. Similarly, a flight control system that simply performs a well-known routine or basic management function using conventional computing techniques may also be found ineligible for patent protection.

The U.S. Supreme Court has made it clear that the mere application of an abstract idea using a computer is not enough to render an invention eligible for patent protection. However, if the invented flight control and management system address a specific technical problem or achieve a result that was not previously possible using conventional computing techniques, then claims to those inventions are likely to be found patent eligible. Further, patent claims that incorporate novel hardware components or use specialized sensors or other components may be easier to distinguish from routine or conventional implementations, improving the chances the patent claims will be found patent eligible.

Across the aerospace industry, IP protection forms a foundation for ongoing innovation
Strong IP protection is crucial for innovators in the aerospace industry. SpaceX has filed several patents related to the Starship spacecraft's design and technology, including structural material, antenna design, and its battery system. The eVTOL aircraft industry has the potential to revolutionize urban mobility, and companies such as Joby Aviation, Archer, and Lilium are filing patents and using trade secrets to protect their manufacturing processes and source code. Finally, in commercial aviation, Boeing and Airbus seek patent protection for their aircraft designs, materials, manufacturing processes, and systems, including flight control and management. Patents and trade secrets play an important role in protecting innovation in the aerospace industry, allowing companies to maintain their market position and competitive advantage.

About the authors: Finnegan, Henderson, Farabow, Garrett & Dunner LLP Partner Lionel Lavenue, Associate Leo Huang, and Associate Joseph Myles are patent attorneys who have experience in the aerospace sector.