“Why does IP continue to be at the forefront of automotive manufacturers’ and suppliers’ commercial strategy? And why is it now, perhaps more than ever, important to consider patents before launching new vehicle programmes?”
The automotive industry has long been a hotbed of innovation. But recent trends have led to a renewed intensity in the pace of developments. Amongst the areas of interest are novel propulsion and drivetrain systems, autonomous driving capabilities, and continued expansion of the Internet of Things (IoT) and interconnectivity into vehicles.
This is reflected in the patent filing strategies of some of the sector’s biggest players. For transport-related patent filings in 2025, Volvo, Stellantis and Toyota led the pack. These automotive heavyweights all filed more patent applications than Airbus, itself a prolific patent filer working in the equally competitive aerospace sector. Renault, ZF Friedrichshafen and Hyundai also found their way into the top 10.
So why does IP continue to be at the forefront of automotive manufacturers’ and suppliers’ commercial strategy? And why is it now, perhaps more than ever, important to consider patents before launching new vehicle programmes?
Fastest off the line
All countries operate a ‘first-to-file’ patent system, whereby the right to a patent for a particular invention lies with the applicant who files an application first; the date of the actual invention is irrelevant. This means that getting an early patent filing date for new innovations is crucial. Otherwise, a competitor working on the same technical problem could file an application just one day earlier and then be able to prevent you from using potentially years’ worth of R&D (if the competitor were awarded a patent covering your developments).
Additionally, in many jurisdictions (including the UK and Europe) there is no grace period for self-disclosure. Public disclosure of an invention can invalidate any later-filed applications. ‘Disclosure’ can include anything from a new car driving around on publicly accessible roads to trade show demonstrations of prototypes. As always, it is important to file applications before showcasing inventions.
More than ‘just’ a car
The aforementioned advice is best practice for any industry, but it is particularly applicable to the automotive sector. Spurred on by more stringent health and safety regulations and increasing customer expectations, the number of systems within vehicles has exploded in recent years. As illustrated in Das Buch von Volkswagen 1938-1988, in a photograph by Hans Hansen, a fully disassembled Volkswagen Golf Mk2 from 1988 has just 6843 parts. By comparison, a typical modern car is thought to comprise around 30,000 individual components.
While this might present a technical challenge for engineers, all of these systems pose an opportunity for OEMs to distinguish themselves from the competition. Of course, a patent application does not need to be aimed at an entire vehicle. A new electronic safety system, suspension design or tyre material may each be patentable in their own right. Being mindful of innovations in vehicle subsystems can help establish a robust IP portfolio well before the final product is launched.
Ever increasing complexity, and costs
Of course, all of these additional systems and innovations require R&D spending, meaning that the need to protect this investment is more important than ever. Globally, total automotive R&D spending in 2024 exceeded €196 billion, with the EU making up over 40% of this number.
Increasingly, manufacturers are also moving more towards modular architectures, where an underlying platform is utilised across many different vehicles and marques. For example, Volkswagen has developed the MQB, MLB and MEB platforms (for transverse-mounted, longitudinal-mounted and electric drivetrain systems, respectively) which underpin many of the group’s cars as well as being licensed to some other manufacturers. The MEB platform is also the base for Ford’s Explorer and Capri EVs, for example. And it is not just cars; Mercedes-Benz has similarly developed the Van Electric Architecture (Van.EA) that it is beginning to use as the floorplan for its electric commercial vehicles.
Therefore, automotive launches (and the underlying innovations) no longer represent just a single vehicle, but perhaps a wider vehicle platform and ecosystem that could be the lynchpin for a manufacturer’s commercial and engineering strategy for years to come. With the stakes so high, it is vital that those working in the industry keep patents and other forms of IP at the front of their minds.
Barker Brettell has a knowledgeable team of attorneys who specialise in automotive technologies. If you want to find out more about how IP could benefit your automotive business, contact the authors of this article, Matty Philpotts and Adrian Liu, or your usual Barker Brettell attorney.
