Inventions that never were patented

[Astronuc]

Normally I'd say that there is probably some sort of common sense protection keeping any random person from patenting something they didn't invent.

Now I don't know what to think.

These are design patents. They have more to do with marketing. Usually inventions fall under the subject utility patents.

Utility Patent- Issued for the invention of a new and useful process, machine, manufacture, or composition of matter, or a new and useful improvement thereof, it generally permits its owner to exclude others from making, using, or selling the invention for a period of up to twenty years from the date of patent application filing, subject to the payment of maintenance fees. Approximately 90% of the patent documents issued by the PTO in recent years have been utility patents, also referred to as "patents for invention."

Design Patent- Issued for a new, original, and ornamental design for an article of manufacture, it permits its owner to exclude others from making, using, or selling the design for a period of fourteen years from the date of patent grant. Design patents are not subject to the payment of maintenance fees.

Ref: http://www.uspto.gov/web/offices/ac/ido/oeip/taf/patdesc.htm


Obtaining a design patent offers more protection against others copying one's product.

 

[AlephZero]

These are design patents. They have more to do with marketing. Usually inventions fall under the subject utility patents.

Yup. The UK calls them "registered designs" (or it used to - possibly the names have changed) and they are completely different from patents. They don't require any techincal originality, and they can be kept in force "for ever" by paying the renewal fees. The object is to prevent other companies from confusing the public that their products are really yours, by using the near-identical logos, packaging, brand names, etc.

FWIW the first design that was ever registered in the UK (about 125 years ago) is still registered and in use - it's the "red triangle" logo of the Bass Brewery.

They also have the advantage (at least in UK law) that enforcement through the courts is much quicker simpler and cheaper than using patent law.

 

[nitsuj]

And are different from trade mark designs, like the coca cola bottle shape. Not sure bout UK though "design patents".

I wonder if something like a Corvette could get a "design patent" for the vehicles appearance.