Companies operating in the wearable technology sector are making substantial investments in research and development to bring innovations to market that uniquely combine hardware and software functionalities. These innovations fuel advancements in areas such as health monitoring, fitness tracking, augmented reality, and personal safety. Yet, without robust patent protection, these companies risk losing their competitive advantage, making it difficult to recoup investments or prevent infringement. To strengthen their intellectual property positions and streamline the path to patent protection, wearable technology companies should consider the following six strategies.

1. File Provisional Patent Applications Early to Preserve Priority Rights

Under the “first to file” system that governs all major patent jurisdictions, the first entity to file a patent application secures the rights to the invention. In this context, filing a provisional patent application can provide a critical advantage, particularly in the fast-paced wearables market where product iterations are frequent and public disclosures can occur rapidly.

A provisional application enables companies to establish an early priority date while continuing to refine key product components – whether biometric sensors, data transmission protocols, or ergonomic hardware designs. This strategic tool not only locks in priority but also allows deferral of the more significant costs associated with utility filings for up to one year. The flexibility inherent in provisional applications makes them well-suited to dynamic development timelines common in wearable tech.

2. Engage with the Patent Examiner Through Applicant-Initiated Interviews

An often underutilized yet highly effective tool in the patent prosecution process is the Applicant-Initiated Interview. Wearable technology inventions frequently involve a complex blend of mechanical components, embedded sensors, wireless communications, and software algorithms. This technical complexity can lead to misunderstandings during examination, particularly when USPTO patent examiners are tasked with reviewing inventions that straddle multiple disciplines.

Applicant-initiated interviews provide an opportunity to clarify the invention’s technical features, explain the real-world implementation of novel functionalities, and respond more effectively to issues such as lack of clarity under § 112, rejections based on obviousness (§ 103), or concerns about novelty (§ 102). These interviews allow patent counsel to walk the examiner through the invention’s specific advantages, such as improvements to signal processing for biometric monitoring, enhancements in power efficiency for wearable sensors, or unique methods of user-device interaction in augmented reality environments.

Rather than relying solely on written responses, which may not fully convey the nuances of the technology, engaging in dialogue helps ensure the examiner appreciates both the inventive concept and its practical application. This interaction often results in more focused examination, stronger claim construction, and a smoother path to allowance – critical benefits for companies seeking timely and enforceable protection in a competitive industry.

Finally, USPTO patent examiners are human (at least currently). And establishing a good working relationship with the patent examiner can certainly help move the application forward. I find it generally beneficial. 

3. Utilize USPTO Fast-Track Programs for Accelerated Examination

Given the USPTO’s significant application backlog, obtaining timely patent protection can be a challenge. However, wearable technology companies that seek faster issuance can take advantage of the USPTO’s expedited examination programs, such as Track One or Accelerated Examination.

These programs offer a meaningful reduction in pendency –  often delivering final dispositions within 12 months – an outcome particularly valuable in technology sectors where product cycles are short and first-mover advantage is key. A timely granted patent not only strengthens a company’s ability to enter the market confidently but also serves as a critical asset in licensing negotiations, investor discussions, and enforcement efforts. Furthermore, securing early allowance can inform and support more precise claim drafting in foreign counterpart applications, improving international protection.

4. Leverage the Patent Prosecution Highway (PPH) for International Strategy

Wearable technology companies targeting global markets should consider the Patent Prosecution Highway (PPH) as part of their international patent strategy. The PPH enables applicants to fast-track examination in participating foreign jurisdictions using an allowance or favorable examination report from another member office – such as the USPTO, EPO, or JPO.

This can be particularly advantageous for companies developing wearables with international appeal, including smartwatches, digital health monitors, and AR eyewear. By leveraging the PPH, applicants can reduce examination time and legal costs, all while expanding their patent footprint across strategic markets. Moreover, utilizing a coordinated international filing approach ensures claim consistency and strengthens global enforceability.

5. Maintain Strategic Flexibility with Continuation, Divisional, and CIP Filings

The wearable technology industry is characterized by continuous innovation and iteration. As products evolve to include features such as AI-generated insights, advanced haptics, or expanded platform integration, patent strategies must remain agile. Filing continuation, continuation-in-part (CIP), divisional, and bypass applications enables companies to respond to market shifts and technological developments while preserving rights to related inventions.

For instance, an initial application may claim a wearable sensor configuration, while a subsequent CIP may focus on newly developed data processing algorithms. Maintaining active families of related applications also creates opportunities for broader enforcement and licensing, while discouraging competitor encroachment. Additionally, these filings support long-term portfolio development by enabling incremental claim expansion as the underlying technology matures. 

6. Conduct a Patent Search to Inform Strategy and Broaden Protection

Before filing, wearable technology companies should strongly consider conducting a targeted patent search. A well-executed prior art search provides critical insight into the existing patent landscape, allowing applicants to better understand what has already been claimed and how their invention fits into the broader technological ecosystem. This information is not only useful for identifying potential risks – such as overlapping claims or crowded fields – but also for shaping more strategic and focused claim drafting.

Understanding the state of the art enables patent counsel to craft claims with a higher likelihood of allowance while potentially identifying areas where claim scope may be broadened. Additionally, the insights gained from a patent search can support the development of a more comprehensive and forward-looking patent strategy, ensuring alignment with the company’s business objectives and future R&D initiatives.

Conclusion: Building Stronger Portfolios Through Strategic Patent Planning

In an increasingly competitive market, wearable technology companies must take a deliberate, strategic approach to patenting. A well-prepared application – rooted in a solid technical disclosure and precise claim drafting – forms the foundation of enforceable protection. Complementing this with early filings, examiner engagement, fast-track programs, international coordination, and a thorough understanding of the prior art can significantly enhance portfolio strength.

While the patent system is complex, applying these strategies can help companies secure valuable intellectual property rights faster and with greater confidence. A proactive patent approach ultimately supports business objectives by facilitating commercialization, enabling licensing, and deterring infringement. This article was authored by Derek Fahey, Esq., a patent attorney with The Plus IP Firm. Click HERE to learn more about Derek Fahey, Esq., the author of this article.