I was recently denied a sculptural copyright because the form is tied to the pottery’s function(UTILITY).
I hope to sell these pieces soon but fear a design patent would be too exspensive…3k??..and those aren’t worth the paper they are printed on.
HOW CAN I PROTECT MY DESIGN?
I’m fairly certain you can copyright your designs which gives you some protection. For an individual, protecting a design is hairy business… if you’re serious about it you have to take individual measures in the US, EU, and every other country with unique copyright laws.
This may be a good place to start:
And this, which is written on fashion design but has info pertaining to design in general:
The design of a useful article(11) is protected under copyright â€œonly if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.â€
Put it up on a high shelf…ideally behind a cabinet door.
a design patent would be too exspensive…3k??..and those aren’t worth the paper they are printed on.
A patent is worth exactly how much you are willing to spend to defend it.
And defending them costs a lot…
I have had a reasonably large client actually go out of business because they spent so much money/time etc… trying to defend what they believed was a solid patent. In the end - their competition found a work-around and in the meantime the client had put all of their resources into the defense.
In short… if you are worried about spending 3k to get a patent - consider how much you are willing to spend to defend it and then decide if its worth pursuing.
A patent is worth exactly how much you are willing to spend to defend it. … their competition found a work-around
Get your as much of your product on the shelf, as fast as you can, and don’t look back.
The best defense is a strong offense. Another way of saying it; you are only as good as your next product. The idea being to stay ahead of less creative competitors.
a Design Patent is relatively inexpensive. if granted, it gives you exclusive rights to use, sell, make the “ornate” elements. It does not address functionality or utility.
Is the embodiment functional? Or is it simply the ornate elements you want ownership of?