Patent a Wearables devices

Steps to Patent a Smart Wearable. Definition | Timelines | Prices

What Is a Wearable?

Wearable devices are electronic components that can be worn or attached to clothing or the body, allowing for regular and continuous use in an ergonomic way. Wearables are electronic devices whose main function is to collect data and generate feedback or a function based on that data. For example, smartwatches, smart glasses, and fitness bands are some examples of wearables we interact with daily.

Essential Components of Wearable Devices

Wearable devices, in order to achieve smart functionality, require innovation at both the software and hardware levels. 

Software Innovation: The firmware or control software for the hardware of a wearable is its digital brain. It is the programmed algorithm that enables the device to perform the intended functions for which it was designed.

Hardware Innovation: In the development of wearable devices, there are various reasons to pursue innovation. Typically, finding the most ergonomic form for use is the key to this innovative process. In the search for improvements in adhesion, portability, and usability of wearable devices, innovative geometries and mechanisms emerge that can provide distinctive value.

Options for Patenting a Wearable

Patenting the Algorithm

It is likely that you can patent the software of this type of device due to the high degree of innovation and novel elements involved. However, in Europe it is not possible to obtain this type of patent. In contrast, there are existing examples of software patents in the United States.

Patenting the Design of a Wearable

If the innovation of the wearable is linked to its geometric shape and the goal is specifically to protect the appearance of the device, a design patent can be filed. In other prototype examples, wearables include screens that are truly distinctive in terms of design. In such cases, it is also possible to protect their visual content through a design patent.

Utility Patent for Wearables

 Utility patents, also known as invention patents, are the most commonly used method to patent a wearable. The combination of software that enables the device’s operation and a more or less innovative hardware component results in distinctive functions that can be patented. As long as the technical innovation and the unique value provided to users through this combination can be demonstrated, the best option to patent a wearable is a utility patent.

Useful Information for Patenting a Smart Electronic Device

The patent for a wearable device can cost between $7,000 and $15,000. The cost of a wearable patent may vary depending on the number of prior art references and the challenges in justifying the truly distinctive elements.

To patent a wearable electronic device, the best option is a utility patent, as long as the protection is related to the combination of software and hardware. It is also very likely to apply for design patents if the geometry of the device provides some distinctive value.

In cases where the wearable to be patented concentrates innovation in its combined operation between software and hardware, you can apply for a utility patent or invention patent anywhere in the world. It is advisable to patent in the countries most relevant to your market strategy. In cases where the intention is to patent the software solution alone, you can only patent it in the United States.

 

Innovative wearable devices are patentable because, as a general rule, they enable the transmission of innovative and distinctive functional elements through a physical product controlled by a software layer.

Are You Planning to Patent a Smart Wearable?

At Let’s Prototype, we work with patent offices and specialized patent attorneys. We can also guide you to protect your wearable in the best possible way.

Do you want to turn your idea into a product?

The time to bring your ideas to life is now. We accompany you throughout the entire process: from idea to product.

 

 

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