Patents in Sport: Intellectual Property and Commerce Analysis

This report provides a comprehensive analysis of patents within the sports industry, emphasizing their role in protecting intellectual property and fostering innovation. It explores the significance of patents in safeguarding technological advancements in sports equipment, from cricket bats to specialized gear for disabled athletes. The report delves into the legal framework surrounding patents, including The Patents Act 1977 and the UK Intellectual Property Office's role, alongside international patent systems like the Patent Cooperation Treaty and European Patent Convention. It examines the criteria for patentability, the benefits of patent protection for businesses, and the impact of patents on technological progress and market competition within the sports sector. The report also addresses patent infringement and the importance of protecting inventive steps to promote innovation in the sports technology landscape.

Sport, Intellectual Property
& Commerce

Patent is the protection which is provided to the organisation or an individual
through which they can protect the technology used for designing their products from theft1.
Patents assist in providing certain rights to an individual or an organisation to prevent their
innovation from imitation. Sports industry is vast and wide and there are many types of sporting
activities played all around the world. There are various sporting equipment manufacturing
companies who produces different types of equipments for particular types of sport2. For
example, a cricket bat is of specific shape and type but has been manufactured by different
companies across United Kingdom by using different types of wood in order to prevent breach of
patent law. Thus, patents helps in promoting innovation and encourage technological advances
that results in better sporting equipments for professional and disabled sport and for the public.
In accordance with this context, the following assignment will demonstrate the importance of
patents for sporting industries. The implications and benefits enjoyed by sports organisation will
be assessed in this assignment. By analysing the types of equipments for professional and
disabled sport, the innovation takes place because of patents will be assessed in this assignment.
A patent helps in giving right to the inventor of any technology or product to protect others
from preparing, utilizing and further selling its discovery without prior authorisation of inventor.
The inventor get access to short term monopoly where period can be specified as 20 years. It is
then transferred to public domain. The main objective of patent is encouraging improvements
and innovartion in industrial practices3.
Patent intends to cover certain products and processes that contains any new functionality
or modernized technical aspects. Hence, the major concern of patent is on how things work, how
they do it, what they do, with what kind of material they are prepared of or what is the method of
the product’s or technology’s preparation. Majority of the patents have stronger impact of
1 Schiff, E., 2015. Industrialization without National Patents: The Netherlands, 1869-
1912; Switzerland, 1850-1907. Princeton University Press.
2 Dorn, D. and et.al., 2016. Foreign competition and domestic innovation: Evidence from
US patents (No. w22879). National Bureau of Economic Research.
3 Mgbeoji, I., 2014. Global biopiracy: patents, plants, and indigenous knowledge. ubc
Press.
Nard, C. A., 2014. The Law of Patents. Wolters Kluwer Law & Business.
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revolutionized technology and how it has been used by the inventor. It is not important that its
method must be complex.
A patent can help in protecting the value of an inventor and one can have stronger
interference in buying, selling, mortgaging and licensing the invention. Its benefit is also
gathered by the people as well since, they are able to collect large amount of information
regarding patents belonging to other people. Changes can be brought by the company by
comparing its product to the competitor’s product and this information can be used in inventing
the technology. Reinventions of a particular product that has already been invented is considered
under the periphery of patent infringements. Once the term of 20 years is expired, everybody is
free to make use of the invention which helps in benefitting the public and the whole economy.
The provisions mentioned in The Patent Act, 1977 have been derived and adopted from
the European Patent Convention. As per The Patents Act 1977, there are certain criteria’s that are
required to be followed in order to get some product patented4. The product must be original and
must also carry certain invention step. The product must also be capable of industrial application
as well. As per the law, the discovery must be something which is new and do not exist
previously
According to studies Patent have direct relation to technical and functional aspects of
products and processes. Hence, the innovation must have that capability to be prepared or used in
some or the other kind of industry5. The product cannot be patented unless the product can be
made or acts as a medium to finally prepare a thing. However, it is not mandatory to get the
products patented, if it is a new invention. However, according to researches there are certain
things that cannot be patented by people or company. These are, mathematical methods, public
policies, discoveries, scientific theories etc.
The current legislation which are related to patents primarily consist of The Patent Act
1977 edited. It has been supplemented by Patent Act 2004, The Copyright, design and patents
Act 1988, The and The Patents Regulations 2007. The prime impact of patents Act 1977 have
been analyzed on UK Patent Law which is close to major traders of Europe with respect to
4 Youn, H. and et.al., 2015. Invention as a combinatorial process: evidence from US
patents. Journal of The Royal Society Interface, 12(106), p.20150272.
5 Sampat, B. and Williams, H. L., 2015. How do patents affect follow-on innovation?
Evidence from the human genome (No. w21666). National Bureau of Economic Research.
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European patent Convention (EPC). One can get its patents registered from UK Intellectual
Property Office (IPO) which requires a filing of application from the side of the inventor6. If the
individual is going to register under European patent Convention, in that case, application is
fulfilled that is being rendered by this authority. The policies and procedures regarding
registration process have been clearly stated by UK’s Intellectual Property Office in The Patent
Rules 2007. There is certain other agreement which are being rigorously discussed under some
provisions of EEC and The restrictive Trade practices Act 1976 as well.
Since, the current forcing act with respect to patent in UK is The Patents Act 2004, IPO is
considered to be an added authority which have right to make non-binding opinions with respect
to infringements and validity of patents, settling disputes with respect to emerging issues in
patents without making the parties go under expensive litigation7.
Another important aspect of laws and provision of patent is that the owner enjoys the rights
within the periphery of UK only. In order to get protection overseas, in that case, it is important
to apply in individual patent offices of the country with the help of international patent system,
which is called as Patent Cooperation Treaty. However, registration of patent which is done
under European Patent Convention allows that individual to get protection under all the relevant
countries of Europe which have been subscribed with EPC8.
It is important for the individual to get its product registered so that one can enjoy the
rights being mentioned in it. The invention which is required to be patented must be recorded in
a patent document. The information includes, regarding description of the invention. There must
be sufficient amount of detail regarding person and his area of skills in the technology which has
been used to perform the invention9. The document must also claim scope of protection so that
everything can be clearly mentioned in the document. The UK patent application can be the basis
6 Graham, S. and Hegde, D., 2015. Disclosing patents' secrets. Science. 347(6219). pp.236-
237.
7 Fisch, C. O., Block, J. H. and Sandner, P. G., 2016. Chinese university patents: quantity,
quality, and the role of subsidy programs. The Journal of Technology Transfer. 41(1). pp.60-84.
8 Dosi, G. and Nelson, R. R., 2016. Technological paradigms and technological
trajectories. The Palgrave Encyclopedia of Strategic Management, pp.1-12.
9 Mowery, D. C. and et.al., 2015. Ivory tower and industrial innovation: University-
industry technology transfer before and after the Bayh-Dole Act. Stanford University Press.
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where legal document s are required to be prepared and submitted which is called as
specification. The content mentioned in it helps in determining that whether patent can be given
to the product or not. A full description of the invention can help in effectively taking this
decision. Hence, all the information must be adequately disclosed.
An individual is also required to complete specifications in the Patents Form 1/77 “Request
for grant of a Patent”. Further, all the required documents are then to be sent to UK Intellectual
Property Office. A yearly renewal fees is also required to be paid to the patent office so as to
keep the patent in force. If the patent fees are not paid in that case the patent contract end with
the registration office. If the holder of patent determines that somebody is infringing his
privileges, in that case suitable actions can be taken by the patent owner. Changes in the
specifications cannot be made, once it has been filled in the application form. Claims and
abstract regarding specifications of the patent is also required to be presented to the registration
office. Further, the specification mentioned in it must match with the information provided in
detailed statement of the patents.
Technological advances encouraged by patents in sports industries
Technology and innovations are key aspects that helps in promulgating the development
of sporting activities.10 Patents is the form of intellectual rights that helps an organisation to
protect the technology used for manufacturing any particular product, say sport shoe. From
cricket bat to baseball bat and tennis racket to badminton racket, sport technologists have applied
their ingenuity, creativity and expertise to innovate efficient and safer equipment in the quest for
sporting excellence. This results in enhanced performance; better, safer and more adequate
equipment of sport, exact measurement of performance that helps the players by increasing their
efficiency and safety simultaneously. In the present era, information technology is rising rapidly
that aid in increasing the effectiveness in the quality of products and services delivers by the
organisation. For the development and development of technologies, innovation is very crucial
and essential11. On the concept of technology life cycle, a widely deployed model which assist in
comprehending establishment of technology. The technological life cycle can be classified into
10 Karvonen, M. and et.al., 2016. Technology competition in the internal combustion engine
waste heat recovery: a patent landscape analysis. Journal of Cleaner Production. 112. pp.3735-
3743.
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numerous steps which begins from invention and end to commercial diffusion. Patents plays a
significant role in the entire life cycle of technology. From initial research and development to
the product introduction in the market, the technologies are protected if the management of
particular sporting organisation patented it as per the laws. There are different stages in which
the technology has been applied by the management in order to produce the particular product.
The protection provided by the patent is mainly on the technology used in manufacturing a
specific product and sought at the research and development stage of life cycle of technology.
In United Kingdom, the patents act was established in 1977 and is referred as The Patents
Act 197712. All the organisation specialised in sports equipment desired to protect their
technological rights must register themselves as per the act. The act will help in protecting the
technological rights and safeguard the innovation of an organisation. In this context, the patents
encourage the technological advances and promote innovation and creativity adequately. Novel
and ground-breaking sports technologies are protected under the Intellectual Property (IP)
system by patents. Patents facilitate diffusion of new technologies and protect new and
innovative inventions.
As per the laws, the life of patent is usually 20 years and if the organisation needs to
extend the protection, they have to pay certain amount for extension13. Further, the patents help
in safeguarding the product technologies for 20 years. Patents helps in promulgating investment
of the business in development and commercialisation of new and improved goods and
equipment. They assist in increasing the technological development as all the applications of
patents are published. Eventually, these equipment are commercialised and become widely
available to sports enthusiasts in the marketplace14. According to studies as patents provide
11 Karvonen, M. and et.al., 2016. Technology competition in the internal combustion engine
waste heat recovery: a patent landscape analysis. Journal of Cleaner Production. 112. pp.3735-
3743.
12 Jeong, Y. and Yoon, B., 2015. Development of patent roadmap based on technology
roadmap by analyzing patterns of patent development. Technovation. 39. pp.37-52.
13 Ko, N., Yoon, J. and Seo, W., 2014. Analyzing interdisciplinarity of technology fusion
using knowledge flows of patents. Expert Systems with Applications. 41(4). pp.1955-1963.
14 Coccia, M., 2014. Emerging technological trajectories of tissue engineering and the
critical directions in cartilage regenerative medicine. International Journal of Healthcare
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protection rights of exclusive use of ideas or concepts that can be used to provide useful goods
and equipment for limited time, it makes them unique and distinctive. Invention is related with
the creation of entirely new product which can be useful for the organisation. In order to protect
its use by other organisation, the management seek patents rights. Not all innovations are
patentable.
There are various aspects which the innovation needs to fulfilled in order to enjoy patents
rights. First, an invention must fall within the scope of patentable subject matter as defined by
the applicable national law, which varies from country to country15. Different countries have
different laws for intellectual property rights. For example, some countries exclude subject
matter from patenting including scientific theories, mathematical methods, etc. Secondly, the
invention must be new and not be imitation of other's inventions. In order to enjoy the patent
rights, an organisation needs to innovate brand new product to registered it as per patents law. As
there are many ranges of sports manufacturing organisations incorporating in United Kingdom
who produces different equipment for professional as well as disabled sports. They need to
innovate new methodologies of development of product in order to prevent themselves from
exploitation of patent rights and they can register their inventive steps as per patents law. Thus,
this eventually helps in promoting innovations and development in the area of sports technology.
There are different types of sports played in all over the world, for example in United
Kingdom Cricket is considered as the national game, there are numerous cricket accessories
manufacturing companies incorporating in United Kingdom. Each organisation produces
equipment which are related with cricket and different companies uses different technologies in
order to manufacture the equipment16. This is because organisations protect their technology used
in the manufacturing and research and development as per the patents laws and acts of United
Kingdom. In this way, innovation and technological development takes place in the market
economy and provides benefits to players by providing them effective and distinctive sports
Technology and Management. 14(3). pp.194-208.
15 Kim, E., Cho, Y. and Kim, W., 2014. Dynamic patterns of technological convergence in
printed electronics technologies: patent citation network. Scientometrics. 98(2). pp.975-998.
16 Mueller, S. C., Sandner, P. G. and Welpe, I. M., 2015. Monitoring innovation in
electrochemical energy storage technologies: A patent-based approach. Applied Energy. 137.
pp.537-544.
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products and equipment. In order to get patent rights, the management of sport organisation
needs to disclosed the invention in an adequate and transparent manner showing all the steps and
procedure they used in manufacturing specific equipment. There are different types of sports
available for all categories including professional, disabled and for generic public. Patents helps
the sports industries to survive and sustain in the tough market economic conditions effectively
and efficiently17.
Further, it also aids in enhancing the technological advancements that helps in providing
more precise and safer sporting accessories that prevent players to avoid in fatal accident or
misery. Patents provides an incentive to innovate, recognise and reward investors, encourage
investment in research and development and expand the body of public knowledge. The natural
methods which are used by early sport organisation to manufacture wide range of highly
sophisticated man-made materials including alloys and polymers are replaced by the cycle of
innovation which are promoted by patents.
According to researches by patenting an invention, an individual secured it from
imitation and copying by other individuals or organisation. This is the biggest advantage
provided by the patents laws and legislation18. The manufacturer of sports equipments gained
financially from innovation and inventions, which turn boosts the strength and vitality of the
industries for the benefits of the economy as a whole. There is ample of technical information
which is provided to the researchers who can access it to inspire innovation and improvements in
the existing products and equipments. Patents prevents theft of inventions by providing
protection. If any organisation has registered their products and services as patents laws and
legislation, no other organisation will able to imitate it or copy their ideas or technologies used
for development of equipment. Thus, it helps in preventing theft of the invention. It helps the
patent owners to enjoy higher profits margins. An individual or any organisation can sell their
innovations to other organisation and earn higher profits margin. Patents further helps in
reducing the overall competition from the market economy19. Patents serves as barrier to entry
for competitors who are contemplating entering the market for the patented widget or service. It
17 Wingerchuk, D. M. and et.al., 2015. International consensus diagnostic criteria for
neuromyelitis optica spectrum disorders. Neurology, 85(2), pp.177-189.
18 Altman, R. and et.al., 2015. Advances in NSAID development: evolution of diclofenac
products using pharmaceutical technology. Drugs. 75(8). pp.859-877.
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is boon for sports equipments and accessories manufacturing organisation. As other
organisations cannot use the same technique or technology to produce a particular product or
equipment. Another advantage of patent is that it encourages the technological development and
enhancement in sporting equipments. There are variety of sports played in all over the world and
different types of equipments being used in the particular sports. For example, Reebok, Adidas,
Nike, are giants of sports equipments and accessories manufacturing companies.
These organisations develop identical products such as footballs, basketballs, etc. by
using their own methodologies. If any new organisation wants to embark their business in
sporting manufacturing sector, they need to ensure that their methods do not contradict with the
methods used by these business giants. Patents promotes continuous innovations and inventions.
As in order to increase the business share and profits, the research and development team of the
organisation needs to think continuously of new and unique idea which is never been utilised by
any organisation. In this way the management of organisations produces different types of
distinctive products and services that helps general public as well as physically handicap players.
They can participate in sporting activities effectively and efficiently20. Patents provide chance to
research and development team of the organisation to brainstorm new ideas that will aid in
bringing revolution. In order to sustain in the competitive environment and continuous growth
and development, patents play a prominent role in the organisation.
As sports industry is the vast industry and different organisations such as Yonex, Nike,
Reebok, etc. Produces different types of sports equipments to enhance the effectiveness of sports
and provides safety to players. With every single product they manufacture, the management
registered as per the patents acts and laws21. This helps them by preventing their design from
thefts. Further, this provides them privilege to commercialise their products in the market
precisely. There are different types of sports played in all over the world. For professional sports,
different types of equipments manufactured such as footballs, baseballs, golf stick and balls,
19 Rotolo, D., Hicks, D. and Martin, B. R., 2015. What is an emerging
technology?. Research Policy. 44(10). pp.1827-1843.
20 Correa, J.A. and Ornaghi, C., 2014. Competition & Innovation: Evidence from US Patent
and Productivity Data. The Journal of Industrial Economics. 62(2). pp.258-285.
21 Albino, V. and et.al., 2014. Understanding the development trends of low-carbon energy
technologies: A patent analysis. Applied Energy. 135. pp.836-854.
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cricket bats and balls, wickets and other thousands of accessories which are required by the
sportsman22. Sportsmen and women around the world benefit from innovations in sports
equipment to enhance their performance, minimize injury and promote fast recovery when
injured. Patents enables the organisation to enhance their market share in the economy. It
provides them monopoly in the market economy. Thus, leads to increase in their revenues and
profits eventually.
The manufacturer of sports equipments gained financially from innovation and
inventions, which turn boosts the strength and vitality of the industries for the benefits of the
economy as a whole. There is ample of technical information which is provided to the
researchers who can access it to inspire innovation and improvements in the existing products
and equipments. Patents prevents theft of inventions by providing protection23. Patents helps in
promulgating investment of the business in development and commercialisation of new and
improved goods and equipments. They assist in increasing the technological development as all
the applications of patents are published. Eventually, these equipments are commercialised and
become widely available to marketplace. In the present era, information technology is rising
rapidly that aid in increasing the effectiveness in the quality of products and services delivers by
the organisation.
For the development and development of technologies, innovation is very crucial and
essential. On the concept of technology life cycle, a widely deployed model which assist in
comprehending establishment of technology. Patents rights are territorial in nature and are
regulated by national law. It is applicable in particular territory or country in which the patent
has been granted. For example, if patent is issued by legal authority of United Kingdom, it only
safeguards invention in United Kingdom. If an individual or an organisation needs to protect
innovation in different country say for example India, they need to registered there application
for patent in India as per Indian patents laws24. This becomes the biggest drawbacks for the
manufacturing companies. As it requires enormous costs to the organisation as each applications
22 Gilpin, R., 2015. France in the Age of the Scientific State. Princeton University Press.
23 Mazzucato, M., 2015. The entrepreneurial state: Debunking public vs. private sector
myths (Vol. 1). Anthem Press.
24 Schiff, E., 2015. Industrialization without National Patents: The Netherlands, 1869-
1912; Switzerland, 1850-1907. Princeton University Press.
9

must comply with different rules including different language requirements. The Paris
Convention for the Protection of Industrial Property provides “right to priority” to assist an
applicant from one country to obtain protection in different countries. As it is not pragmatically
possible to obtain patent protection with internation, worldwide effect, the Patent Cooperation
Treaty (PCT) which is administered and regulated by World Intellectual Property Organisation
(WIPO) helps the organisation to seek patent protection for an innovation in large number of
countries by registering in single international patent applications25. This helps in promoting and
enhancing the innovation and invention effectively and efficiently.
The first patent for sport related invention was obtained by Rudolf Lettner in 1920s for
his steel edge ski. Since, thousands of patents are provided to the manufacturer for their sports
related inventions and innovations26. This provides them a certain right that safeguard their
specific sport related products and services. In order to increase the profitability and
productivity of the organisation, the management obtain patents which help them to sustain in
the competitive market economy. There are different types of sports being played in different
countries and majority of country have their significant national sports which they prefer to play.
Not only this, more than 25 sports being played in most prestigious sporting tournament
“Olympics”. Hundreds of thousands sporting equipment’s and other sports accessories are being
manufactured by different sports organisations27. From shoe laces to caps, from knee guards to
helmets, each and every product manufactured by different organisation for players are being
patented first and then commercialised in the market. If any organisation imitates other
organisational patented products, they are bound to face legal consequences. Thus, patents helps
in safeguarding the innovations and invention done by any organisation. Professional sports are
those sports in which the participants are being paid for their performance in sports activities.
These includes cricket, baseball, football, golf, tennis, swimming, etc. Disabled sports are those
sports which are designed specifically for handicap or physically disabled person. There different
25 How patents encourage innovation in technological development and deployment. 2018.
[Online]. Available through:<http://www.wipo.int/ip-sport/en/technology.html>
26 IP and Sports - Background Brief. 2018. [Online]. Available
through:<http://www.wipo.int/pressroom/en/briefs/ip_sports.html>
27 Rotolo, D., Hicks, D. and Martin, B. R., 2015. What is an emerging
technology?. Research Policy. 44(10). pp.1827-1843.
10

types of equipment’s manufactured by the organisations for both professional and disabled
sports. Patents assist in providing certain rights to an individual or an organisation to prevent
their innovation from imitation.
Sports industry is vast and wide and there are many types of sporting activities played all
around the world. There are various sporting equipment manufacturing companies who produces
different types of equipments for particular types of sport. For example, a cricket bat is of
specific shape and type but has been manufactured by different companies across United
Kingdom by using different types of wood in order to prevent breach of patent law. Thus, patents
helps in promoting innovation and encourage technological advances that results in better
sporting equipments for professional and disabled sport and for the public. In United Kingdom,
the patents act was established in 1977 and is referred as The Patents Act 1977. All the
organisation specialised in sports equipments desired to protect there technological rights must
registered themselves as per the act. The act will help in protecting the technological rights and
safeguard the innovation of an organisation28. In this context, the patents encourages the
technological advances and promote innovation and creativity adequately. In order to increase
the profitability and productivity of the organisation, the management seeks protection of their
innovation and invention.
There different elements of intellectual property rights such as trademark, copyright and
patents. All elements help in saving one or many aspects of innovations. In this way, the
management of the organisation able to safeguard their innovation and equipment and thus
increases their productivity and profitability of the organisation. The Hague System designed by
World Intellectual Property Organisation (WIPO) helps the organisation by providing them the
platform on which they can get patents rights for their innovations. By filling one single
application the management will get the patent rights in more than 67 territories. The easy and
cost effective systems provides by WIPOs Hague System help the organisation to save their time
by minimising their efforts29. For example, during half time or between innings, players take a
break and observe their multicolour shoe or compare different types of bats or other sporting
28 Jeong, Y. and Yoon, B., 2015. Development of patent roadmap based on technology
roadmap by analyzing patterns of patent development. Technovation. 39. pp.37-52.
29 Sport and Technology. 2018. [Online]. Available through:<http://www.wipo.int/ip-
sport/en/technology.html>
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