By: Miranda Glisson

Equestrian sports stretch back thousands of years, to the Olympic Games of 680 BC, where chariot racing was popular. In recent years, the equine industry has experienced significant growth, resulting in a convergence with technology, making utility patents of use across various equine sectors. Utility patents are often seen in equine equipment and breeding practices, as well as in veterinary medicine, and horse management operations.

Utility Patents

In the United States, utility patents can be obtained by individuals who invent or discover new and useful processes, machines, manufactures, or compositions of matter. These are commonly referred to as the four categories of subject matter appropriate for a patent. 

To qualify for a patent, United States law stipulates an invention be novel, useful, non-obvious, and of patentable subject matter. Novelty ensures the invention is entirely original and distinct from anything that currently exists, and usefulness requires the invention serve a practical purpose. Among the criteria, the non-obviousness requirement can pose the biggest challenge as it demands the invention be something not readily apparent. Utility patents protect innovators by granting them the legal right to exclude others from making, using, or selling the patented invention for 20 years from the application date.

Technological Improvements in Tack 

Traditionally, horse equipment, or “tack,” has been crafted from leather, textiles, and hardware. Over centuries, these materials have evolved to prioritize the fit and performance of both the horse and rider. Today, innovative technologies are being integrated into tack and rider accessories to provide data on training, rider biomechanics, and horse performance.    

An exciting example of emerging technology in the equestrian industry is a smart saddle prototype that utilizes self-rebound cambered triboelectric nanogenerator technology (SRC-TENG) to measure pressure points created by the rider and felt by the horse. This technology provides real-time, valuable data on the rider’s position and sends out an alarm in the event of a fall. The incorporation of SRC-TENG sensors on the saddle is significant, as it allows the rider to monitor pressure changes when they shift positions. This saddle prototype could benefit from a utility patent to prevent other manufacturers from using this technology without the inventor’s permission. 

Additionally, Vert, a new technology that currently has a patent pending, is a multifunctional sensor and display designed to attach to the head piece of a bridle, or the headgear used to control a horse. It measures a horse’s head angle in relation to the vertical (when a horse’s head, neck, and body are positioned for optimal balance and movement) as well as pace, distance, and heart rate. 

There are a wide array of tack innovations that focus on leveraging technology to enhance the comfort and performance of both horse and rider, that may qualify and benefit from utility patent protection.

Equine Breeding 

Breeding is another sector of the equine industry which utilizes patent protections. Prior to 1980, living subject matter was ineligible for patent protection, because it did not fall within one of the four statutory categories. However, in Diamond v. Chakrabarty, the Supreme Court explained that Congress intended for patent laws to have a broad scope. The Court held genetically engineered bacteria to be patentable, reasoning that they fall under the categories of “manufacture” and/or as “compositions of matter.” 

The United States Patent and Trademark Office has further clarified, “non-naturally occurring, nonhuman, multicellular living organisms, including animals,” are patentable subject matter under 35 U.S.C. §101. The office explained further that a bacterium does not fall under the product of nature exception—a judicial exception to the four statutory categories of patentable subject matter which excludes the laws of nature and natural phenomena—as “it is not excluded from patent protection merely because it is alive.” 

Genetically engineered bacteria are being utilized in equine breeding. A notable example is the creation of genetically modified horses with the myostatin gene removed, resulting in enhanced muscle growth. 

There is a large financial incentive to breed top competition horses and the equine industry has a significant impact on the U.S. economy, contributing $177 billion overall. In 2018, the horse breeding sector alone was valued at $39 billion. One thoroughbred colt, sired by Triple Crown winner Justify, sold in March 2024 for $700,000 demonstrating how lucrative breeding top performance horses can be. However, only genetically modified, and not naturally occurring, animals are eligible for patent protection. For instance, the United States Court of Appeals for the Federal Circuit found that a hybrid between a domestic cat and a bobcat is a product of nature, and therefore cannot be patented as the breed results “from matings known to occur in the wild.” Additionally, animals produced through traditional selective breeding, like selectively bred dogs with desirable traits for particular environments or tasks, are not patentable, as patent eligibility is restricted to those animals genetically engineered by humans.  

On the flipside, if a horse is genetically modified it may be prohibited from competing. Genetically modifying horses to gain a competitive edge threatens the sustainability of horse breeding and the integrity of equine athletes. In response to this threat, governing bodies of equestrian sports, including the Fédération Equestre Internationale and the International Federation of Horseracing Authorities, prohibit genetically modifying horses for enhancements.

Nonetheless, breeding systems, devices, or procedures, like artificial insemination, may be patentable. For example, a lavage system designed for mares (female horses) experiencing difficulties conceiving after giving birth has successfully secured a patent. 

Even though genetically modified horses are banned from most equestrian competitions, resulting in the reduction of financial incentives to genetically modify a horse, different technological devices, systems, or procedures are still available to be patented.  

International Patent Importance

Equestrian sports demonstrate a considerable international presence, with over 335 million equestrian riders. This makes the Patent Cooperation Treaty (PCT), which protects patentable subjects internationally, highly important for equine-related innovators. The PCT simplifies the process of seeking patent protection across contracting countries by allowing inventors to file a single international patent application. This enables inventors to safeguard their inventions on a global scale in sectors that are highly international, like the equestrian industry. 

Conclusion 

The equestrian industry stands at the intersection of tradition and innovation. Utility patents offer protection for innovators in the equine world by providing them global protection for their invention. 

As the equestrian sector grows, the integration of technologies into both tack and breeding practices affect the comfort, performance, and safety of both horses and riders. Utility patents offer a potential framework for protecting these innovations, ensuring inventors can safeguard their contributions to the equine industry. International patent applications enable inventors to reach a wider market and streamline the process. As the equine industry continues to grow, patent protection is a valuable asset that will foster new innovations and a safer sport in the world of equestrianism. 

#WJLTA #UtilityPatents #EquestrianSports #Horses