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PatentBrief
US 3079728Freedom to Build
Public domain since 1980

You can freely build on How the Hula Hoop Works

This patent expired in 1980. Every claim — 1 independent, 0 dependent — is now unenforceable. Anyone can use, reproduce, manufacture, sell, or offer for sale this technology without a license.

Original assignee

Individual

Patent granted

1963

Expired

1980

Forward citations

30

What this patent covers

The patent describes a circular hoop made of rigid, hollow plastic tubing. It specifies a diameter of 30 to 40 inches and a weight between 6 and 12 ounces. The core mechanism relies on the hoop being stiff enough to maintain its circular shape while the user moves their body. This rigidity ensures that the side of the hoop opposite the user's body stays far enough away to create the necessary momentum for continuous rotation.

What is now free to use

All 1 claims of US 3079728 are in the public domain. Specifically:

  • Claim 3: A HOOP TOY ESPECIALLY SUITED FOR ROTATION ABOUT A HUMAN BODY IN RESPONSE TO THE USER''S BODY GYRATIONS1 specific element

The 0 dependent claims add narrowing limitations and are also free.

What is NOT covered

Patent expiry frees this specific invention. Separately-patented improvements made after expiry may still be protected.

  • Does not cover hoops made of non-rigid or flexible materials like rope or fabric.

  • Does not cover hoops with diameters significantly outside the 30 to 40-inch range.

  • Does not cover weighted hoops designed for exercise that exceed the 12-ounce weight limit.

  • Does not cover collapsible or segmented hoop designs.

Who is building on this today

The patent was assigned to Arthur K. Melin, a co-founder of Wham-O. Today, various toy manufacturers continue to produce variations of this design, though the basic physics defined in this patent remain the standard for the classic toy.

Products built on expired version of this technology

Classic Wham-O Hula Hoops

Standard plastic toy hoops found in school gym classes

How to cite this patent in your documentation

Individual. US Patent 3079728. Hoop toy. Granted 1963, expired 1980. Now in the public domain.

Note: This is a convenience citation. Consult a patent attorney for formal freedom-to-operate analysis.

PatentBrief is an educational resource and does not provide legal advice. Patent expiration information is derived from USPTO records and may not reflect continuation patents, divisional filings, or separately-patented improvements. For commercial use or production decisions, obtain a formal freedom-to-operate (FTO) opinion from a registered patent attorney.

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