Guitar design patents

Mikey R · #1 05-15-2009, 06:55 AM

Hi everyone,

A friend of mine who builds acoustic guitars is designing his first electric hollowbody. He suggested I take a look at this page:

http://www.cpthorntonguitars.com/thi...y-innovations/

I was quite surprised that he was granted a patent on "The ornamental design of a guitar"

He also claims to have patented the carved neck joint. Is this possible in the US? Im pretty sure it wouldnt be patentable in Europe but Im not sure. The construction methods seem good but not unique, Ive seen them used on the LC several times.

So, the question is, is this patent in any way enforcable and would it effect anyone here? I though an aesthetic design could be trademarked but not patented?

Is there anywhere online we can look up patent no# US D513,277 S?

erikbojerik · #2 05-15-2009, 07:13 AM

In the US you can patent practically anything - pharmaceutical companies have patents on genes - not developed applications from the genetic info, but the actual genes themselves - sometimes genes that are common to 90% of species on the planet.

In all likelihood he paid ~$10,000 to file and secure the patent - not worth it in my opinion for something so minor. If you deviate from the design by 10% then you're outside the purview of the patent.

If he's building it in the UK then he has no worries. The patent can't be enforced there.

If he's building it in the US, who's to say this guy will even know? And if he does find out, and decides to have his lawyer send a "cease & desist" letter, your friend can send a reply kindly telling the lawyer that his design is more than 10% different from the patent (even the neck joint) and if the lawyer thinks otherwise, then he's free to hash it out in court.

I think most small-time guys like this file patents like these mainly to protect their interests in case one of the big companies decides to try to borrow their innovations (and the opinions and interpretations of "innovation" is highly variable). I think they are not interested in chasing down the guy who builds for fun, or even has a small business. They won't throw money at a case that *might* be on the edge of what they see as patent infringement, just to take the issue to court, unless there's a big payback. Cost-benefit.

Patent filing costs money - but so does patent enforcement. For a patent like this, you might as well scoop your $10,000 into a little pile and burn it.

Mikey R · #3 05-15-2009, 08:11 AM

Cheers Erik,

I know from the world of software you can patent whatever you like in the US.

So it seems that that particular patent isnt worth anything at all?

I was wondering if it would cover our own LC builders doing neck through chambered instruments with two caps, matched wood cavity cover and carved heel, but it seems that it doesnt.

It seems that even the big companies would be able to work around it by changing the design 10% - whatever 10% of a design actually is. Seems that any good lawer could argue that one out.

It does leave me wondering what the builder was intending to achieve from filing this patent, surely it cant be just for marketing purposes?

Febs · #4 05-15-2009, 08:20 AM

Quote:

Originally Posted by Mikey R

Is there anywhere online we can look up patent no# US D513,277 S?

http://patft.uspto.gov/netacgi/nph-P...&RS=PN/D513277

HogieWan · #5 05-15-2009, 08:29 AM

Quote:

Originally Posted by Mikey R

Is there anywhere online we can look up patent no# US D513,277 S?

http://www.google.com/patents?id=hqU...&dq=D513,277+S

Febs · #6 05-15-2009, 08:50 AM

You can find quite a bit of information on design patents here:

http://www.uspto.gov/web/offices/pac/design/index.html

Mikey R · #7 05-15-2009, 08:59 AM

Quote:

Originally Posted by HogieWan

http://www.google.com/patents?id=hqU...&dq=D513,277+S

Quote:

Originally Posted by Febs

http://patft.uspto.gov/netacgi/nph-P...&RS=PN/D513277

Thanks! It seems you need to use a special kind of language to read patents.

pilotjones · #8 05-15-2009, 11:15 AM

Note that that is a "design patent." As was said, it is a patent on the ornamental design of the guitar.

It is different from the "usual" patent, which is an invention patent. Invention patents have just a number, unlike the design patent which has the "D" in front.

I'm not sure why a person would get a design patent, which runs out in twenty years max, rather than a trademark, which can apply to shapes and forms, and is renewable forever. I'm sure there are good reasons.

Quote:

He also claims to have patented the carved neck joint.

Not with that patent. There can be some claim made I think to that particular neck carve shape, since it is part of what is pictured.