Fitness equipment manufacturers are preparing for a change in the U.S. patent law that could affect future innovators and the speed of new patent approvals.

In September, President Obama signed the Smith-Leahy America Invests Act (AIA), which will go into effect on March 16, 2013. AIA changes the U.S. patent system from a first-to-invent to a first-to-file system, which means that the first person or company to file for a patent gets the patent rather than the person or company who proved they were the first to invent something.

“A change to the patent system was needed for many reasons but mostly because of the increasing complexity of many patents in a global marketplace,” says Bryan O’Rourke, partner in consulting company Integerus, New Orleans. “This is certainly relevant to the fitness industry, which has become more global and competitive in nature. Therefore, the issue of intellectual property (IP) will play an increasing role in how vendors obtain a competitive advantage.”

Despite this need for a change, he says the act is controversial, and in the long run, the new patent rules will affect equipment and software companies in the fitness industry although it is still uncertain how.

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