How Wearable Technologies (should) Protect Intellectual Property

There needs to be a balance between protecting intellectual property associated with the development of new technologies and controlling the often outlandish legal costs associated with patent litigation. Indeed, protecting intellectual property encourages entrepreneurship and ultimately benefits the consumer, however, the costs excessive litigation is ultimately passed on to consumers. As the wearable technology field grows, these intellectual property considerations will be crucial in shaping the interaction between tech companies and healthcare systems. Wearable technologies have the potential to revolutionize the way patients interact with their doctors and improve treatment outcomes for chronic diseases.

Protecting intellectual property is a primary concern in developing technology, mostly because firms are reluctant to spend precious research and development money on products that can immediately be produced by competitors. There are two main types of patents that can be applied to developing technologies. Utility patents cover how something works. For instance, a technology that follows a specific process (often illustrated in flow charts) can be a protected piece of intellectual property. Design patents cover ornamental properties of technology e.g. the unique design of a phone or wristband. Technology firms often try to patent all aspects of their products, such that a single product might have dozens of patents attached to it.

Technologies that could be used to enhance the treatment of chronic disease, such as mobile phones, watches, and other wearable devices, frequently carry several (and sometimes hundreds of) patents. Often times, multiple patents results in complex licensing deals that may impede the progress of moving a technology to market. In addition, patent sharks may further impede the progress of technologies, because firms may buy up potential ideas so that they can profit from technology that is actually being developed elsewhere.

The process of patenting needs to be fast-tracked in a way that allows individuals and companies to rapidly gain protection for their intellectual property. This may include measures such as offering protection from the date of filing an application instead of when the patent is granted. In addition, laws governing intellectual property should loosen language on patent infringement in order to reduce the unnecessary levels of litigation that are ultimately passed on to the consumer. The point of intellectual property law should not be to stake out intellectual space, but instead to promote the development of new technologies that ultimately benefit consumers (not lawyers).