Intellectual Property

Medical Wearable Patentability ­–Certain diagnostic and treatment technology on wearable medical devices can’t be patented. Additionally, medical wearables may require FDA approval which requires these companies to submit relevant information to the FDA as publicly disclosed information. This public disclosure can limit patent protection on their product [1].

Patent Density - The global wearables market is expected to double between January 2019 and 2022, to $27 billion. U.S. patents on wearables tripled between 2014 and 2018 [2]. The wearable market is increasing and so are wearable patents, it is easy to unintentionally infringe on intellectual property because smart watches and other devices are made up of a set of existing technology. Patents may already exist for these repurposed features (especially in the communication field). Aesthetic designs are not worth patenting due to the fact that wearable fashion is unstable and patents take years to be approved [3]. These factors give patent advantages to wearables with advanced capabilities, core technology should be the focus for patent protection [2].

Infringements – According to experts, the most important IP elements of wearables are trademarks and designs. Product developers should look at other devices to avoid patent infringements [1]. “Standard” technologies are created so that different aspects of technology can interact with each other, such as a program to sync wearable data with a phone. Companies that develop this technology designate it as IP with a Standard Essential Patent. Licenses to their SEPs are sold to companies that want communicability between aspects of their product. It is often more cost-effective to infringe on SEPs, even the cost of litigation could be less than the cost of a license [1].

Apple approached a company with a focus on wearable R & D called Valencell for a potential partnership. Apple accessed their company secrets on these pretenses and used the information to develop sensors used on their Apple Smart Watch [4].

Outlook – Wearable products are often difficult to protect with patents due to the fact that they are usually a conglomeration of existing technologies. Wearable devices with advances gain advantages in patent protection. Patents on wearable products have more than tripled in the last 5 years making it easy for companies to accidentally infringe on existing designs and wearable implementations of older technology [2].

https://www.henrypatentfirm.com/blog/wearable-technology-patent-landscape

1. Branigan, David. “Wearable Tech: Intellectual Property Opportunities, Risks.” www.ip-watch.org/2018/08/23/wearable-tech-intellectual-property-opportunities-risks/ (September 28th, 2019).

2. Henry, Michael. “Wearable Technology: An Overview of the Patent Landscape.” www.henrypatentfirm.com/blog/wearable-technology-patent-landscape (September 28th, 2019).

3. “How to Secure the Right Type of IP Protection for Wearable-Technology Products.” www.engage.hoganlovells.com/knowledgeservices/viewContent.action?key=Ec8teaJ9VaonuYtvRxbWGK%2FdwZ0I6NkpBiaRvcQ1%2B0trYQ6QELAnKE%2BuQ3%2BHDx%2Bw2KrC1KhpPe4%3D&nav=FRbANEucS95NMLRN47z%2BeeOgEFCt8EGQ0qFfoEM4UR4%3D&emailtofriendview=true&freeviewlink=true (September 29th, 2019).

4. “Developer of Biometric Wearable Technology Sues Apple, Fitbit for Patent Infringement - IPWatchdog.com: Patents & Patent Law.” https://www.ipwatchdog.com/2016/01/07/valencell-sues-apple-fitbit-for-patent-infringement/id=64736/ (September 27th 2019).