Sports and Equipments Patents Team
The team handles various patents innovations with extensive experiences in field of sport and equipment including:
Ø Sports training devices;
Ø Sports equipment;
Ø Aquatic wheelchairs;
Ø Starting block assemblies;
Ø Golf clubs;
Ø Gym equipment;
Ø Sports shoes;
Ø Sports drinks;
Ø Muscle-building and nutritional supplements.
Our team provides with high quality patent drafting and prosecution work and has been appreciated by many clients domestically and internationally for the quality of work and promptness. The team also possesses extensive experience in sophisticated technologies to work both in house as well as outside counsels for several global companies over the years.
The Indian Patent Scenario
India has seen a good number of patent filings recently for sports and equipment field. Many Indian as well as international filings have been seen for patent for composition/ method/ machinery/ device/equipment etc.
The basic criteria for patentability remain the same for this field. The Indian Patents Act also introduces certain provisions that inhibit certain subject matter from patentability, including section 3(d), which states that “the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant” is not an invention.
For example sports drinks may be patentable if the composition differ significantly in properties with regard to efficacy.
Similarly, section 3(e) states that “A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance” is not patentable i.e. a mere aggregation of features must be distinguishable from a combination invention.
Section 3(f) states that “the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way” is not patentable, i.e. in order to be patentable, an improvement on something known before or a combination of different matters already known, should be something more than a mere workshop improvement.
Section 3(m) states that “a mere scheme or rule or method of performing mental act or method of playing game” is not an invention. For example a method of mere playing golf or cricket is a non patentable subject matter.
Current scenario in India
India has always been a follower of sports since past many decades and with the development in technology almost all the sports in India has absorbed the technological trends in it. With the development of technical trends in sports, many domestic and international companies have started registering their IP rights in India to capture the broad and heavy market of sports in India. The development of new laws has also supported the companies to establish their base in India for the manufacture of the sports equipment in India.
Sports Industry in India
Ø Exports nearly 60 per cent of total output to the world
Ø Exported sports goods worth around US$ 256 million by 2015
Ø Organizer of major sports events
Ø BCCI – richest cricket board in the world
Ø BCCI - most successful federations in roping in manufacturers and retailers of sports goods
Ø Sports Initiated - Indian Premier League (Cricket), Hockey India League, Indian Badminton League, Prokabbadi, Indian Super League (Football)
Ø More than 500,000 people employed in sports goods industry
Ø Punjab and Haryana – Nucleus of sports goods industry
Ø Jalandhar (Punjab) and Merut (Uttar Pradesh) houses more than 3,000 manufacturing units and 130 exporters
Ø Several Manufacturers include:
o Reebok India Company
o Puma Sports India
o Nike India
o Sports Lifestyle
o Shiv Naresh Sports
o Lotto Sports
o Planet Sports