PATENTS AND SPORTS

I knew that a country without a patent office and good patent laws was just a crab, and couldn't travel any way but sideways or backways.

- Mark Twain

Patents are a form of intellectual property that give inventors the exclusive right to make, use, and sell their invention for a certain period of time. In the sports industry, patents can be used to protect a wide range of innovations, from new equipment designs to training methods and even software that helps coaches and athletes analyse performance data. One example of a patented sports innovation is Nike's “Vaporfly” running shoe, which features a unique foam material that provides a significant energy boost to runners. This shoe has been credited with helping many athletes break world records and win major competitions, and as a result, Nike has been able to charge a premium price for it. The company has also been able to prevent other manufacturers from producing similar shoes by enforcing its patent rights.

Another example of a patented sports innovation is the “Smart Court” developed by the company PlaySight. The Smart Court is a system of cameras and sensors that can be installed on a tennis or basketball court, and it uses advanced machine learning algorithms to track the movement of players and the ball in real time. The data collected by the Smart Court can be used to help coaches and athletes analyse their performance and improve their skills. PlaySight has been able to monetise the Smart Court by licensing the technology to sports clubs, schools, and other organisations. Patents can also play a role in the development of new sports equipment. For example, the company Under Armour has been granted a patent for a new type of golf club that features a unique design that allows for more control and distance. By holding a patent on this club, Under Armour can prevent other manufacturers from copying the design and selling similar clubs.

In addition to protecting inventions and equipment designs, patents can also be used to protect training methods and software. For example, a company may develop a new training program for athletes that uses a unique combination of exercises and techniques, and they may seek a patent to prevent others from copying the program without permission. Similarly, a software developer may create a new app that helps coaches and athletes track their performance data, and they may seek a patent to prevent others from creating similar apps. However, not all sports-related innovations can be patented. The laws surrounding patents specifically exclude certain types of inventions, such as laws of nature, physical phenomena, and abstract ideas. Therefore, some sports-related innovations may not be eligible for patent protection. For example, a coach who develops a new training method that is based on a well-established scientific principle may not be able to patent the method, as it is simply an application of a law of nature.

Sports Prediction Patents

Sports prediction patents refer to patents that cover methods or algorithms used to predict the outcome of sporting events, such as who will win a game or how many points will be scored. These patents can include a wide range of technologies, such as machine learning algorithms, statistical models, and data analysis techniques. For example, a company may use a combination of machine learning algorithms and historical data to predict the outcome of a game. Or a patent might cover a method for analysing player statistics, team dynamics, and weather conditions to predict the outcome of a game. Sports prediction patents can provide a number of benefits for companies or individuals who hold them. For example, if a company holds a patent on a sports prediction algorithm, they can prevent others from using the same algorithm without permission. This can give the company a competitive advantage, as they can monetize the algorithm by licensing it to others or by using it to generate revenue through advertising or other means. Additionally, sports prediction patents can also be used to protect other related innovations such as software, hardware, and methods, that are used to implement the prediction. However, it's worth noting that not all sports prediction methods or algorithms are eligible for patent protection. In order to be eligible for a patent, an invention must be novel and non-obvious.

EA Sports Patents

EA Sports is a division of the video game company Electronic Arts (EA) that develops and publishes sports video games. As a company that operates in the technology industry, EA Sports holds a number of patents related to video game development and other technology. Some examples of patents held by EA Sports include:

•A patent for a “System and method for dynamically generating a sports play” which describes a system for generating a sports play in a video game by selecting a play type and play formation and then randomly selecting plays that match the criteria.

•A patent for “System and method for generating a virtual sports broadcast” which describes a system for generating a virtual sports broadcast in a video game by simulating a broadcast environment and using a virtual camera to capture the action.

•A patent for “System and method for generating a virtual sports crowd” which describes a system for generating a virtual sports crowd in a video game by using artificial intelligence to control the crowd's behavior and reactions.

These patents demonstrate that EA Sports is committed to innovation and investing in R&D to improve the sports gaming experience. By obtaining patents on these inventions, EA Sports can prevent others from using the same technology without permission and monetise the technology by licensing it to other companies or using it to generate revenue through advertising or other means. It's important to note that not all of EA Sports'products and technology might be covered by patents and that the company may also use other forms of Intellectual Property such as trademarks and copyrights to protect their products.

WIPO in Sports

WIPO's work in the field of sports includes providing technical assistance and support to countries, sports organizations and other stakeholders in the development and implementation of IP policies and strategies that promote the use of IP to support the growth and development of the sports industry. WIPO also provides training and education on IP and sports to help sports organizations and other stakeholders understand how to protect and leverage their IP rights to support their business objectives. This includes providing guidance on the registration and protection of trademarks, patents, copyrights and other forms of IP, as well as on the use of IP licensing, franchising, and other commercialization strategies to monetize IP assets.

Additionally, WIPO cooperates with other international organizations such as International Olympic Committee, FIFA, and UEFA to promote the use of IP to support the sports industry. One of the main goals of WIPO in the sports field is to help sports organizations and other stakeholders to protect and leverage their IP rights to support their business objectives. This includes providing guidance on the registration and protection of trademarks, patents, copyrights, and other forms of IP, as well as on the use of IP licensing, franchising, and other commercialization strategies to monetize IP assets. WIPO also helps to create a legal framework for the protection of IP in sports by assisting governments in the drafting of legislation and regulations to protect IP in sports. Furthermore, WIPO also provides support in the resolution of disputes related to IP in sports, and in the protection of IP rights in relation to major sporting events such as the Olympic and Paralympic Games.

ImageRights Patents

Image rights refer to the legal rights of individuals, including athletes, to control the commercial use of their name, likeness, and other aspects of their personal identity. In the sports industry, image rights are particularly important as they allow athletes to monetise their fame and popularity by licensing their name, likeness, and other aspects of their personal identity for commercial purposes, such as endorsements, sponsorships, and merchandise sales. In many countries, image rights are protected by a combination of copyright, trademark, and personality rights laws. For example, in the United States, the right of publicity, which is a form of personality rights, gives individuals the right to control the commercial use of their name, likeness, and other aspects of their personal identity. In the European Union, the right to one's own image, which is a form of personality rights, gives individuals the right to control the use of their image for commercial purposes.

The management of image rights is becoming increasingly important for athletes and sports organizations, as it allows them to monetize their fame and popularity. Athletes can license their image rights for a variety of commercial purposes, such as endorsements, sponsorships, and merchandise sales. Sports organizations, in turn, can use image rights to create revenue streams, such as licensing player images for use in merchandise and other products. However, managing image rights can be complex, as it requires a deep understanding of the legal framework and thea bility to negotiate favorable deals with third parties. Furthermore, the protection of imagerights may vary from one country to another, and it's important to be aware of the specific laws and regulations that apply to imagerights in different jurisdictions.

Written by

Abdulrahman Othman

LinkedIn