An introductory guide to patents for the U.S. sports and sports tech industry
As sports and sports technology continue to evolve at an increasing pace, a thoughtful patent strategy can be a meaningful competitive advantage, helping businesses stay ahead in an increasingly crowded marketplace. At its core, a patent grants the right to exclude others from making, using, selling, offering for sale, or importing a patented invention or design without authorisation. But a patent is not merely a legal right; it can also function as a strategic business tool used to protect a company’s competitive position, signal long-term value, and provide leverage in negotiations.
This article examines how the deliberate development and strategic monetisation of patent portfolios can help sports and sports technology businesses protect innovation, build commercial credibility, enhance enterprise value, and create new revenue opportunities. The discussion is primarily directed to U.S. patent practice and the U.S. market. Because patent strategy is jurisdiction-specific, pursuing protection internationally should account for differences in foreign practices, including prosecution procedures, patentability standards, enforcement, and maintenance obligations.
Article Overview
To continue reading or watching login or register here
Already a member? Sign in
Get access to all of the expert analysis and commentary at LawInSport including articles, webinars, conference videos and podcast transcripts. Find out more here.
- Tags: Baseball | Basketball | Commercial | IP | Patents | Running | Trademarks | USA | U_S_
Written by
Sonja W. Sahlsten
Sonja is a Partner at Finnegan based in New York. Her practice focuses on patent and trade secret litigation in U.S. district courts and appeals to the U.S. Court of Appeals for the Federal Circuit, where she served as a law clerk. She has a technical background in mechanical engineering, with experience across an array of technologies including those related to medical devices, industrial manufacturing, amusement parks, sports, fitness, and outdoor recreation, and biotechnology. Sonja is board certified in intellectual property by The Florida Bar.
Aaron L. Parker
Aaron is a Partner at Finnegan, based in New York. His practice focuses his practice on patent and trade secret litigation before U.S. district courts, client counseling on global patent litigation strategies, and patent and trade secret portfolio analysis and management. Much of Aaron’s work relates to counseling clients in the sports, fitness, and outdoor industries on all aspects of intellectual property.
Jacob Hinish
Jacob is an Associate at Finnegan, based in New York. His practice focuses on intellectual property (IP) litigation and patent prosecution, with experience spanning inter partes review (IPR) proceedings, district court litigation, utility patent drafting and prosecution, and technology focused IP counseling. His work involves complex technologies, including semiconductors, artificial intelligence and machine learning (AI/ML), blockchain, and telecommunications. Jacob’s prosecution background affords him strategic insight into how patents are constructed and where they are most vulnerable.
