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Chronicles

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Google's patent rank shoots up as company stakes out wearable tech

Google received nearly 2,000 patents in 2013, which is a significant jump from previous years and reflects the company's determination, as it moves into new fields of technology, to avoid the sort of legal exposure it has faced for years in the smartphone market.

Gigaom Jeff John Roberts

Context & Ripple Effects

Google has spent three years trying to fix a patent position its own lawyers called broken: in 2011 it stepped in to defend Android developers from a patent lawsuit, was widely judged to have had a troubled search for valuable patents, and by late 2012 had visibly cranked up its patent engine. The nearly 2,000 grants it received in 2013 are the payoff of that build-out arriving all at once.

First-order effects

  • Google now enters wearable computing with an in-house patent wall built before products ship, rather than repeating the smartphone pattern of being sued into buying or licensing IP after the fact.
  • The grant volume moves Google up the patent rankings alongside incumbents like Apple and Samsung, giving it bargaining chips for any future cross-licensing negotiation in wearables.

Second-order effects

  • Rivals heading into the same wearable category — many of them smartphone veterans who used patents offensively against Android — now face a denser field where Google can answer infringement claims with counter-claims instead of settlements.
  • A company once criticized for overpaying to fill gaps in its stockpile shifts demand away from the defensive-patent resale market toward organic filing, pressuring brokers whose business model assumed Big Tech would keep buying rather than building.

Third-order effects

  • If the pattern holds, patenting becomes a pre-launch requirement for any hardware category: large firms file thousands of applications ahead of product releases, raising entry costs for startups and making litigation risk a design input rather than an after-the-fact hazard.

The trend: Big Tech is converting patent strategy from reactive acquisition into proactive pre-emption, with filing volume in unlaunched categories becoming the first move of every new hardware race.