Popular Woodworking 2008-11 № 172, страница 49
sale and building for personal use. Although personal-use builders may be equally guilty of infringingsomeone's intellectual property, they arc far less likely than those who sell to be noticed or pursued. Four Types of Protection Illegal imitation of furniture isa form of trespassing-although instead of trouncing on another person's land, the trespass is to their "intellectual" property. In the context of furniture reproduction, the most germane (but by no means the only) forms of intellectual property are: 1) design patents, 2) utility patents, 3) copyrights and 4) trademarks. For woodworkers who sell their handiwork, it may be helpful lo envision these formsof intellectual property like menacing bear traps sei between the workshop and ihe buyer. Avoid-inginfringemeni isa matter of carefully cvad-ingeach trap, or seeking permission from (and often paying) the trap's owner for the privilege of crossing over. To be caught in a trap is an expensive and exhausting process whether one is found guilty or innocent. Design Patents Design patents, common in the furniture trades, are a first variety of traps to be dodged by the reproduction furniture maker. They protect ihe unique (and unobvious) ornamental designs of things manufactured, and as such are ideally suited foralltypesof furniture. Once granted by t he U.S. Patent Office, a design patent lasts 14 years and cannot be renewed or extended. Many successful furniture designers protect their creations with design patents. Infringement of a design patent occurs when, in the eyes of an ordinary observer, giving attention as a purchaser usual ly gives, the reproduction piece substantially resembles the drawings in the design patent. If adjudged guilty, the in fringer can be ordered to stop the infringement and pay money damages ranging from a reasonable royalty to compensation for lost profits or worse. How can a reproduction furniture maker safely pass through the field of design patent traps? First, consider the age of the inspirational furniture design. If the piece to be copied has been known to the public for more than 18 years, then it is reasonably safe to assume any once-relevant design patents have expi red. (Adding four years to the normal design patent lifespan accounts for possible delays in patent filing and examination.) For inspirational furniture designs less than 18 years old. the most reliable way to reduce the risk of design patent infringement is to conduct patent research. Patent infringement is serious business, and therefore clearance research is no job for an amateur; seek assistance from a qualified intellectual property lawyer. Utility Patents Utility patents arc another gang of traps standing bet ween a woodworker and hisor hercus-tomers. These legal devices provide protection for unique (and unobvious) products, as well Thos. Moser. This iconic chair is trademarks! as the 7hos. Moser Continuous Arm Chair. It is further protected by a design patent. as the machines and processes used to make things, and the materials from which things are made. Utility patents are so common in the furniture trades that the U.S. Patent Office has dedicated speci fie classi ficat ions to cha i rs, beds and other types of furniture. A utility patent lasts (typically) for 20 years from the date it is filed in the Patent Office and in this context cannot be renewed or extended. Frank Lloyd Wright. These chairs and the extension table were designed for Susan Lawrence Dana in 1902. Pictured above are reproductions from Cope-land f urniture, which holds exclusive license to build these and other f rank Lloyd Wright designs. MUMKCIIAIK IMAM OX KIWOI l>KJ» MOHRCABIMIMAKtKJ. AUBURN. MAIM I RANK UOVOWRIMI1 IMAM COURltSY Ol tomAMMUKMIvKl. BKALWORO. VI popularwoodworking.com ■ 77 |
