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Anatomy of a design patent
Compared to a utility patent, design patents are very simple.
An issued design patent consists of a cover page containing the issue date, the
names of inventors, the patent number and one or more line drawings. Sometimes
more drawings may appear on additional pages. At least one additional page
always includes patent application dates and numbers, the name of any assignee,
a brief description of the design and a claim. The claim relates the designer to
the design. The claim for the Vintage flatware design reads:
"I claim - The ornamental design for a handle for a
spoon, fork or similar article as shown."
Each week the Patent Office issues the Official Gazette of
the United States Patent and Trademark Office, usually just referred to
as the Patent Gazette or Gazette. This publication is softbound and contains a
brief description of each trademark and patent issued during the week. The
design patents appear together at the end of the listings and take much less
space than the utility patents, which make up most of the book.
A page usually contains descriptions of four newly-issued
design patents. Each description contains the same information found on the
cover sheet of the actual patent, plus the application information and the name
of the assignee. Except for those few patents with multiple pages of drawings,
it is just as effective to work with the Patent Gazette as with copies of the
patents themselves. A typical page
contains a mixture of unrelated items such as a directional signal casing, a water closet
and two glass vessels.
Heisey collectors would be interested in those glass vessels.
From the Gazette, we learn that T. Clarence Heisey is the designer and that in
1936 he designed at least two pieces in. the pattern shown and assigned them to
A.H. Heisey and Co. of Newark, Ohio. As I scanned through the Gazette, I saw a
number of design patents assigned to Heisey and Fostoria, so design patents look
like a promising resource for glass collectors.
Most libraries do not have copies of the Patent Gazette - it
is expensive, specialized and takes up a lot of shelf space. The Patent Office
has established over 70 Patent Depository Libraries where the Gazette and copies
of patents may be consulted. To find the one nearest to you, ask your local
reference librarian. When you do so, be sure to mention the approximate time
period you are interested in. Although the closest Patent Depository Library to
me is in New Haven, Conn., that library maintains no patent records earlier than
the 1970s.
If you like to search computerized data bases, the on-line
services which I have investigated so far begin their patent records with 1975
and do not include drawings, probably the most important part of a design
patent. Sometimes paper is still better.
My local librarian was able to identify the closest library
with a set of Gazettes back to the 19th century: the Connecticut State Library
in Hartford. When I went there, I found that some years existed as bound volumes
and some had been placed on microfilm. The librarians there gave me excellent
assistance in locating appropriate hardbound volumes and using the microfilm
reader. There was no charge for these services, except for making copies.
When you have identified a patent of interest, if the patent
falls within the time period covered by the Patent Depository Library you can
get a copy at the library. You can also order a copy of any patent by mail. Send
your request, including the patent number and $3 for each patent, to
Commissioner of Patents and Trademarks, Washington, DC 20231. This service takes
about four weeks.
Using objects to find patents
When a patent application has been filed, the maker of the
object to which the patent applies may mark the object with "Patent
Pending" or "Patent Applied for," or with an abbreviation for one
of these expressions. This marking is not sufficient for you to find the patent
or, indeed, to know whether a patent was ever actually issued.
After the patent has been issued, the object may be marked
with the patent number or the date. Perhaps because of the tradition of date
marking silver, flatware is often marked with the word "Patented" (or
an abbreviation) and the issue date of the patent. Other items are more likely
to be marked with the patent number, especially when the patent number
represents a utility patent.
The same object may be the subject of multiple patents, some
for its function and some for its design. I have three olive spoons, all marked
"Pat. Oct. 27,1903." This patent date refers to the utility patent
which covers the functional shape of the bowl of the spoon. At least two of
these spoons are also covered by design patents with different dates. The design
patents cover only the designs of the handles.
When a patent number appears rather than a date, a number
below 1,000,000 is probably a design patent number. Utility and design patents
have separate numbering systems and many more utility patents have been issued
than design patents. You can obtain quick reference cards which show the
relationship between patent numbers and dates since the beginning of the patent
system.
When you know the patent number, you can order a copy of the
patent or see it in a Patent Depository Library. With either the patent number
or the patent issue date, you can use the Patent Gazette to see the description
of the patent which appears there.
Standard reference works can also be helpful in finding
patents. A flatware reference tells me that the Grosvenor pattern was patented
Oct. 21, 1921. In the Gazette for that week, I turn to the design patent
listings at the end and quickly find the description. Because there is a
Grosvenor Square in London, I had always speculated on an English origin for the
name of this pattern. It turns out that the designer to whom the patent was
issued was Grosvenor N. Allen, who also designed many other patterns for Oneida.
He must have liked this one, because he named it for himself.
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