Wearable technology sits at the intersection between sensor hardware, advanced computing and health monitoring. The smart devices, designed with portability at the forefront, allow users to track their activity levels, sleep quality, heart rate and more, helping to inform their fitness routines, record their sports performance and monitor their general health.
The wearable technology market has expanded significantly throughout the twenty-first century, with new applications and technologies continuing to emerge. Estimated at $92.90bn in 2025, the market value is projected to reach $229.70bn by 2033. One of the industry’s biggest players, WHOOP, recently raised $575 million at a $10.1 billion valuation, demonstrating the popularity of wearable tech, as well as the potential for growth. WHOOP not only provides a fitness tracker, but also a comprehensive personal health platform, and other large companies and startups are following similar trends.
Encompassing consumer technology, health and design, wearable technology is a fascinating area for intellectual property (IP) strategy. Innovators in the space should aim to adopt a comprehensive approach to managing their IP, protecting their inventions, designs and brand to keep an upper hand in the increasingly crowded and rapidly developing landscape.
This article forms a series of articles celebrating this year’s World IP Day, on 26th April, for which the theme is “IP and Sports: Ready, Set, Innovate.”
Changing innovation in wearable tech
In 1998, Canadian engineer, Steve Mann, built what is considered by many to be the world’s first smartwatch. The Linux-powered smartwatch could wirelessly connect with mobile phones and computers, and was patented in 2000 (CA 2275784: “Wristwatch-based videoconferencing system”). Mann was proclaimed the “father of wearable computing” and his technology paved the way for the introduction of fitness-tracking wristwear like Fitbit, Apple Watch and Garmin Forerunner in the late 2000s and early 2010s. Innovation in the field has focused on improving the technology for optimal performance, including the battery life, sensor accuracy and data analytics.
More recently, the wearable technology market has been expanding beyond smartwatches to devices which are even more compact, or which can more accurately measure certain markers. Smart rings; patches which can be worn 24/7; fabrics with embedded sensors; and even “second skins”, designed to blend seamlessly with human skin, are all gaining traction. Engineers have also harnessed the power of AI, which enables the rapid processing of vast amounts of data, and provides an output of easily digestible results and individual insights.
As the form of wearable technology becomes more adaptable, scientists and companies have also been exploring its uses beyond fitness. Wearable technologies are being explored in the realm of medical devices, offering general health insights or dedicated to specific health conditions. For example, there are wearable devices which continuously monitor glucose, streamlining treatment for diabetics or provide information on the user’s metabolic health; wearable ECG and blood pressure monitors; devices which track ovulation or foetal activity; pain management wearables; and many more.
Startup companies leading innovation
We are proud to work with several clients who are pioneering in the wearable technology space.
ORB Innovations, for example, have created a first-of-its-kind, custom fit “smart” mouthguard which unlocks performance insights for contact and combat sport athletes. The mouthguard tracks heart rate, the intensity of the workout, the stress felt by the athlete’s body, responsiveness and mobility of movements, distance and impact, providing an over-arching and detailed analysis of the workout and empowering athletes with the data they need to reach their full potential.
Another client, Flowbio, is enabling users to monitor their sweat. Their sweat sensor is a device worn against the skin, built to analyse sweat as you train, measuring fluid and sodium loss along with other performance parameters. The data is connected directly with an app which transforms this data into clear, personalised hydration recommendations to unlock better performance for endurance athletes.
Navigating intellectual property in wearable tech
As the wearable tech landscape becomes increasingly competitive, it is of upmost importance for companies to protect their intellectual property, as well as ensure they are not infringing on other existing IP rights. Rapid developments in technology often mean that regular surveillance of the market is required. This can be helpful to monitor the activity of competitors, as well as identify under-patented areas which may signal white space for innovation.
There are many aspects to a wearable health-tracking device, often combining form and function, computing and physiology, which mean they can be complex to protect. A multi-faceted innovation requires a multi-faceted approach to IP strategy, bringing together different types of IP rights and approaches.
Patents
Patents protect the core technology behind the operation of a wearable device, including sensors, signal processing, calibration, artifact rejection and power management to name only a few. To obtain patent protection, the technology must be new and inventive. Typically, this means that the technology must include at least one new, non-obvious feature that confers an advantage to the device or software.
The integration of hardware and software is often a key characteristic of wearable technology, and it may be applicable for a company’s patent portfolio to cover both aspects. Despite common misconceptions, protection can often be obtained for AI or software-based inventions in the wearable technology field, for example, where the invention provides a technical solution to a technical problem.
For such computer-implemented inventions, an understanding of the relevant legal frameworks and tests is very important, particularly during patent drafting. Indeed, the law is constantly evolving to address the rapid development of software and AI technologies. For example, in the recent judgement of Emotional Perception, the Supreme Court decided that UK courts should no longer follow the previously used test for assessing whether a software invention is excluded from patentability, opening up the UKIPO to a change in approach for examining such inventions.
Our patent attorneys have extensive experience working with inventions in these fields and can help to advise on patentability of certain technologies. Please reach out here if you require any guidance.
Confidential information and trade secrets
Confidential information and trade secrets are other forms of IP which help a company maintain a competitive edge. However, both should be carefully managed to ensure they remain secret and retain their value. In wearable technology, examples of confidential information or trade secrets could include proprietary algorithms, machine learning model weightings, un-patented signal processing methods and manufacturing processes, to name a few.
No formal registration is required which means that this approach can be budget-friendly, however businesses should be aware of the risks if their valuable confidential information was to leak. Indeed, if a competitor could reverse engineer aspects of your technology by analysing your product, these aspects are unlikely to be suited to confidential information management or trade secrets, as once these aspects are known, they are no longer protected and their value is lost.
In practice, a blended IP strategy which leverages both patents and trade secrets in a strategic manner is often recommended.
Designs
Wearable devices are not just characterised by their function; the shape and appearance are often also very important, particularly for consumer devices. As users will be wearing them often, the appearance of a gadget may be an important consideration when choosing which device to purchase and can also be an important part of brand identity to the business.
The shape and/or appearance of a wearable device can be legally protected by design rights. In the UK, there are two main types of designs rights: registered design rights and unregistered design rights. Unregistered designs are automatically protected, however they are more limited in duration and only copying of the design is considered to be infringement. In comparison, registered designs require a formal application, but they provide more long-lasting protection and provide a monopoly right to the registered design, meaning they are typically easier to enforce. In addition to the shape and appearance of physical devices, the appearance of a graphical user interface display may also be protectable under registered design protection.
Branding
Another key aspect to wearable technology is the brand behind it. Wearables in the fitness industry are ultimately consumer devices and building a strong brand is an integral step to standing out in the market, as demonstrated by the popularity of WHOOP, Garmin and Fitbit, amongst others. Like the product, the brand also requires protection. This can be achieved through the registration of trade marks; for example, for the brand name and logo, as well as specific device names.
As wearable technology companies continue to grow and evolve, building a robust intellectual property strategy becomes increasingly complex, but also increasingly important. Businesses that take a proactive and strategic approach to IP, integrating patents, trade secrets, designs and trade marks from an early stage, will be best positioned to capitalise on innovation while safeguarding their competitive edge. Where technological advancement is rapid, a comprehensive and evolving IP portfolio is foundational to long-term success.
If you have any questions regarding IP strategy in relation to your business, please reach out to a member of our team.
