Patents, Designs & Trade Secrets - Strategies for Businesses in Sport & Fitness Technology

Introduction

Sport tech imposes a unique set of requirements when it comes to intellectual property.

Other forms of product traditionally protected by patents (such, for instance, as pharmaceuticals) typically have a long runway, with maximum leverage coming at the end of a patent term, or even afforded by a supplementary protection certificate (Europe) or patent term extension (US).

In contrast, consumer products tend to hit the shelves shortly after design and their shelf life may not be especially long.

This entails a dramatically different patent prosecution strategy and timeline.

For example, Patent Box tax strategies may be surprisingly relevant; the trade off between patent and trade secret protection may need to be monitored on an especially regular basis; and designs will have to be considered to protect the look of a product, in a way that complements the patent protection afforded in respect of the product function.

Meanwhile, recycling and environmental concerns mean the sector is changing rapidly, with consumer demand driving increased innovation in product recyclability and sustainability.

This inevitably impacts the subject matter for which protection may be sought; it also impacts the strategies open to patentees and third parties (e.g., accelerated prosecution via the UK Green Channel, which may be leveraged in conjunction with the Patent Prosecution Highway to obtain favourable prosecution outcomes quickly and across a wide range of countries).

This new virtual classroom seminar will equip you with a suite of strategies (‘tips and tricks’) tailored to the sector.

When it comes to patents, consideration will be given to the far-reaching impact of the recent decision of the Enlarged Board of Appeal of the EPO in G2/21, with guidance on how to reinforce inventive step in a European patent application with relevant data to support a technical effect.

Balancing a number of IP types in this sector can seem a difficult juggling act, but if done well it brings great rewards.

What You Will Learn

This live and interactive course will cover the following:

• Practical advice on a patent strategy for sport and fitness technology and related consumer products:
• Leveraging the early stages of patent prosecution to build protection quickly
• Review of the Green Channel, Patent Prosecution Highway, International Preliminary Examination and other forms of accelerated prosecution
• A review of the pros and cons of trade secrets in this area (and how to balance them with patent protection)
• Suggestions on maximising registered design effectiveness in the UK and Europe
• Considering changes in the industry and how IP must keep up - sustainability, green tech and recyclability
• Spotlight on inventive step (including the impact of G2/21 in Europe)

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.