As mentioned in our earlier post, there are three types of patents granted in the US: utility, design, and plant. The subject matter of a patent must fall into one of the four patent-eligible subject matter categories: process, machine, manufacture, or composition of matter, as outlined by the USPTO. Additionally, an improvement on any one of the aforementioned subjects may be allowed. If the subject matter falls into one of these categories, it must prove both novel and non-obvious.
There are various intellectual property considerations when an inventor or company is developing their intellectual property portfolio. Just as there are various types of IP, there are also various types of protection strategies. In this four-part IP 101 series of posts, we’ll break down some of the nuances of several types of IP to make sure we’re all speaking the same language.
Wearable devices for monitoring health, wellness, and fitness comprise a rapidly growing industry that many outdoors and athletic companies are capitalizing on. For example, a quick look at the USPTO patent database shows that nearly 5500 utility patents mentioning the term wearable device have issued since the beginning of 2016.