Sports and patents: Part 2 – Making a splash with swimming goggles

Provided that you can demonstrate novelty (i.e. that an invention has not been publicly disclosed by anyone, anywhere in the world, at any time before the patent is applied for), and inventive step, many aspects of swimming goggles continue to be patentable, from specific elements such as the cushions that sit around the eye sockets, to larger aspects such as the elasticated frame, and even the entire goggle arrangement.

The earliest example of the latter is a patent granted in the US to Charles J. Troppman in 1916. Although these “Goggles or eye protector[s]” were designed as an early form of personal protective equipment (PPE) for workmen to “shade the eyes from bright glare, heat and gaseous emanations […] as well as to protect the eyes from flying particles,” the accompanying drawings show that they closely resemble what we would recognise as modern-day swimming goggles. The patent was also later cited against other patents for swimming goggles.

In 1935, another patent emerged for goggles, this time aimed “for use when normally swimming or when diving.” The “underwater eye protector”, granted in the US to Walter G Farrell, also covered a full goggle design, but presented notable differences to Mr Troppman’s patented goggles.

Created to “effectively exclude water from contact with the eyes” and “increase the ability of the wearer to see under water,” Mr Farrell’s goggles also included a novel and thick rim of plastic material on the rear edge of the goggles. Containing a volatile plasticised material, this rim would harden when exposed to air and create a permanent, personalised seal, thereby “fit[ting] perfectly the facial configuration of the wearer”.

Both Mr Troppman’s and Mr Farrell’s patents are examples of IP protection for a full swimming goggle arrangement, but it is also possible to patent innovations in, or improvements to, very specific elements within the goggle design.

Indeed, this appears to be more common now that swimming goggle use is more ubiquitous, and modifications have therefore become more specific and focused.

Many brands are seeing greater success in innovating beyond the basic use case of swimming goggles, such as preventing water ingress and increasing visibility underwater, to patenting improvements that meet more niche requirements, such as preventing glare, prioritising hydrodynamic design, and reducing fog on the lenses.

The resulting patents are also more specific, focusing on one element within the goggles, such as the straps, the cushions, or the tightening mechanism.

1. This patent for Speedo International Limited covers a streamlined outer design for goggles, that allows water to flow more smoothly over them, rather than hitting the edges. A key element of the design is the convex nature of the outer surfaces, particularly the lens and the peripheral walls, as well as smoother transitions into the wearer’s brows and cheeks. Overall, the patent’s novelty is focused on innovations that reduce drag and increase speed, thus making them better suited for competitive swimmers.
2. Elasticated head straps are a common part of most swimming goggles. This patent application for Decathlon SA, however, eschews traditional strap designs in favour of semi-rigid temples (or ‘arms’) that wrap around the wearer’s head in a continuous frame. To adjust the fit, the wearer turns a rear wheel, rather than threading the strap through a buckle. According to the patent application, this allows the user to adjust the goggles more smoothly, comfortably, and precisely.
3. Frequent swimmers will be familiar with the problem of ‘panda eyes’; that is, the red rings that linger around your eyes after the goggles have been removed. Most goggles are designed to keep water out of the lenses and away from the wearer’s eyes, often by using a combination of cushioning and tightness, but this can also cause pressure and discomfort. A patent by Global Esprit Inc, however, proposes to solve this through an improved cushion pad that matches the natural contours of an eye socket and adapts to local pressures by employing a system of independent cushioning structures within the main cushion design.
4. Fogging in the lenses is another common problem for swimmers, restricting vision and often requiring wearers to interrupt their sessions and wipe the lenses clean. Another patent by Global Esprit Inc, however, introduces the concept of a ventilation system built into the lenses, using microporous waterproof film to allow warm air out, whilst preventing water from entering.