Our top five innovative Christmas gifts for 2021

Our top five innovative Christmas gifts for 2021

1. Oura Ring 3rd Gen

This discreet health wearable is a tiny piece of tech that’s set to replace the watch. The gadget gathers data from your finger instead of the wrist, which the makers claim is more accurate. Made of durable and lightweight titanium this bit of kit is compatible with Apple Health and Google Fit and provides a host of features that include activity and fitness tracking, period prediction and cycle tracking, sleep tracking, automatic nap and activity tracking along with guided meditations, audio sessions and more! Not only is this is a great gift for the health and fitness conscious, but we can also see this being a useful product for health professionals that need to monitor or gather patient data. Patent Attorney and Partner Dr Elliott Davies considers whether it's possible to protect the humble ring: "Absolutely, with over 15 patents protecting this ring in various countries, Oura clearly see the commercial benefit of intellectual property! With patents though, please remember that the patent application should always be filed before the concept is publicly disclosed".

2. Kailo patch

Drug-free pain relief that is reusable and, according to the reviews, really works. This is a great example of tech that was developed for one reason, and has found value in another application. Innovating for the Kailo patch was originally for antenna technology, but it was discovered that it also helped to relieve pain and after securing more than $200,000.00 in crowd funding the nanotech start-up have commercialised the product. Kailo Labs provide that their clinical trials proved that wearers experienced significant decrease in pain severity without side effects, they used much less concurrent oral medication and reported significant improvements in mood, sleep, activity and relationships. We think this could provide real relief for those that suffer chronic pain such as back, muscle or joint pain. From an IP perspective, this product is marked as “patent protected”. Marking products, packaging and literature to indicate that various IP rights subsist in a product is important as it places the rights holders in the best position to claim damages if their rights are infringed. However, marking a product as “patent protected” or “patent pending” does not constitute proper marking. You should always quote the patent number.

3. Kishi Mobile Game Controller

This bit of kit instantly improves the mobile phone gaming experience. The iPhone add-on connects by the charging port and transforms your smart phone into a controller with thumb sticks, functions, and 8-way D-pad plus more! It’ll also let you connect a charger to the console so you can charge your phone while you play. The Kishi is an excellent addition to any gamer’s arsenal and is great for those on the move or for keeping children entertained while travelling. Elliott thinks this product demonstrates an interesting matter in the patent world, namely the so-called standard essential patents. He said "A patent that protects technology which is essential to implementing a standard is known as a standard essential patent (SEP). Without using the methods or devices protected by these SEPs, it is difficult for a manufacturer to create compliant products. So maybe the manufacturer of this product was required to take a license from a holder of an SEP to enable their controller to dock with a mobile phone!"

4. Poliglu

This little device removes the language barrier and translates more than 36 languages. The speech recognition technology allows you to instantly translate what you are saying, and understand what others are saying in a vast array of languages from around the world. While speech recognition technology isn’t new, the application in this affordable handheld is nifty. Not only can we see why the Poliglu is on the Christmas list of the avid traveller this year, but could be a useful tool for the public services. While the price tag is unlikely to break the bank, a word of caution before shelling out… subscription based translation apps are already on the market (but these come with an on-going cost). Considering it's intellectual property, this device demonstrates another important matter in the patent world, namely eligibility for patent protection. There are certain categories of invention which are not protectable with a patent. These include things like discoveries, methods of doing business, playing a game, and so-called mental acts. Does a tool which provides a translation function constitute an invention in the patent sense? Wynne-Jones has specialist attorneys who can advise on these difficult technological sectors. Don’t simply assume that your product is not eligible - come and talk to us!

5. Power Rangers Dino Fury Chromafury Saber Electronic ColorScanning Toy

This colour changing sword from Hasbro is topping the Christmas lists of children everywhere this year, but with the challenges the retail industry is facing this year (Brexit related matters, Covid related supply problems, driver shortages and ships getting stuck in the Suez Canal) getting your hands on one might be quite a feat. If you do manage to secure one to sit underneath your tree, this Chameleon-like toy uses sensors to scan colours and LEDS to match them. It’s a fun use of technology that enhances the play experience of children imaging morphing into their favourite Ranger. And if patents are not your thing, or if you feel that your concept is not sufficiently novel, then don’t forget about other intellectual property rights. For example, it is possible to protect the aesthetic appearance, namely the design of a product. Also, your brand can be extremely important, and will typically become even more important over time as your goodwill and reputation grows. We are here to help you navigate the IP world, so feel free to get in touch.

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The best intentions

Banksy can draw.  We know that. 

He can also lose.  In his book, Wall and Piece, Banksy famously said that “copyright is for losers” because of the difficulties he has experienced trying to enforcing copyright in his works. 

But does he know how to win?  Apparently not, given his losing streak in recent, well publicised trade mark cases...

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