126 Years of Innovation: The Footwear Utility Patent Milestone

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It’s been 126 years since Humphrey O’Sullivan secured the first footwear utility patent (U.S. patent no. 618,127 for improvements in a “Heel for Boots or Shoes"), representing a milestone in innovation and IP protection. Since then, utility patents have helped shape and safeguard the industry, from "athletic shoes" in 1921 (U.S. Pat. No. 1,392,704, Spalding & Bros.) to today’s cutting-edge technologies.

Key Considerations for IP Attorneys & Footwear Brands

  • Proving Infringement – Recent footwear utility patent disputes highlight how courts assess novelty, obviousness, and functional improvements when determining patent validity and infringement.

  • The Blurred Line Between Function & Aesthetics – Courts continue to navigate where functional innovations end and aesthetic elements begin, particularly in disputes over new materials, advanced technologies, and hybrid designs that merge performance with style.

  • The Future of Utility Patents – Artificial intelligence, novel material composition, and advanced manufacturing techniques are reshaping the boundaries of footwear utility patent eligibility.

 

👉 Need a refresher on patent fundamentals? This guide from the USPTO provides a quick overview.

From improved heels to cutting edge materials, utility patents are vital to footwear innovation, and as technology advances, new IP challenges emerge.

If you're involved in footwear IP litigation and require expert guidance, let’s connect to discuss how we can support your case.