Nike leads way in footwear patent filings as manufacturers compete in ‘running shoe arms race’

• Shoe manufacturers in a race to develop more advanced technologies such as carbon plates and nitrogen bubbles – patent and trademark litigation has followed
• New entrants like Li-Ning, Xtep, Hoka, and On are competing to supply elite runners.

Nike is leading the way with global patent filings for footwear, with approximately 250 applications published in the 12 months to June 30, 2024, alone* – almost 100 more for the same period than all of its major competitors combined – as the world’s biggest shoe manufacturers compete in a ‘running shoe arms race’, says intellectual property law firm Mathys & Squire.

Nike’s nearest competitor for numbers of footwear patent filings is traditional German rival Adidas, with 37 patent applications published in the past 12 months*, amounting to just 15% of Nike’s total (see graph below).

The battle to develop and patent new technology for elite running shoes was triggered in 2017 by the launch of Nike’s first Vaporfly shoe, featuring a full-length carbon fiber plate for increased ‘rebound’ and efficiency when running, producing remarkable yet controversial results.

The resulting development of new shoe technologies has been credited with cutting the men’s marathon record by two minutes and the women’s marathon record by seven minutes since 2017.

The ‘running shoe arms race’ has heated up in recent years, as new entrants to the market, like Li-Ning and Xtep, are putting pressure on the established leaders.

This summer’s Olympic Games saw Nike competing with traditional rivals Adidas, Asics, New Balance, and Puma to supply the most advanced shoes to athletes in events such as the marathon. However, this year’s Games also saw less-established brands like Swiss shoemaker On and Chinese manufacturers Li-Ning and Xtep supply high-profile runners. Both  Chinese challenger brands had runners finish in the top ten of the men’s marathon in Paris in April 2024.

Rebecca Tew, Partner at Mathys & Squire, comments: “This may be the golden age of running shoe innovation.”

Adam Gilbertson, Managing Associate at Mathys & Squire, comments: “The right shoe can now deliver a major step forward in a runner’s personal best. The introduction of carbon fiber plates and 40-millimeter foam outsoles has been a game-changer for runners.

“Established manufacturers like Nike have been patenting their shoe technologies for years, but newcomers to the market making these big innovations in running shoes should make sure that their investment in intellectual property is protected and they have a clear IP strategy. What can be patented should be patented in key territories to help prevent competitors from copying key technology.”

Rebecca Tew adds that the rise of new running shoe technology has already started to generate patent disputes between footwear manufacturers. US-based running shoemaker Brooks recently sued German competitor Puma for patent infringement in the US, the latest development in a long-running intellectual property dispute between the two companies.

Patent applications for footwear inventions in the last 12 months include:

• A Nike patent filing for an automated shoe-tightening mechanism, with a small motor in the heel
• An Adidas patent filing for a football boot that can change shape based on data provided by sensors located within it
• An Xtep patent filing for a graphene-based rebound plate inside the sole.

Number of global patent applications for footwear inventions published in the past year

Nike is by far the most active patent filer.

* Source: World Intellectual Property Organisation (WIPO)

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