|
|
Article: Protecting jewelry designs: patents or copyrights?(Business Report)
- Article from:
- Jewelers Circular Keystone
- Article date:
- February 1, 2004
- Author:
CopyrightCOPYRIGHT 2004 Reed Business Information, Inc. (US). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
|
Any new jewelry product can be the subject of patent protection, which is divided into two types: design patents and utility patents. The patent statute states that a utility patent protects "any new and useful process, machine, manufacture or composition of matter, or any new and useful improvements thereof." Thus, if a new functional design is created--for example, a clip-on earring--which has a structural advantage compared with existing designs, a utility patent may be obtained.
A design patent protects the overall aesthetic appearance of a design, focusing only on how the piece looks. Jewelry designs that are innovative in appearance can be protected by a ...