PATENTS III. Examples of Articles Patentable and Not.
A. A Fir Tree.
Even if you were the first person to discover a fir tree, you could not patent the tree. The tree existed in nature and was not made by a human being.
A. A Fir Tree.
Even if you were the first person to discover a fir tree, you could not patent the tree. The tree existed in nature and was not made by a human being.
B. A Christmas Tree.
A decorated Christmas tree is copyrightable. It performs an aesthetic function because it appeals to personal taste as do drawings, paintings, and jewelry. However, Christmas tree decorations likely were responsible for the issuance of many patents.
C. Christmas Tree Lights.
Christmas tree lights have a utilitarian function. They function to produce different colored light for a Christmas tree. The inventor of Christmas tree lights could have obtained a patent covering the lights.
A decorated Christmas tree is copyrightable. It performs an aesthetic function because it appeals to personal taste as do drawings, paintings, and jewelry. However, Christmas tree decorations likely were responsible for the issuance of many patents.
C. Christmas Tree Lights.
Christmas tree lights have a utilitarian function. They function to produce different colored light for a Christmas tree. The inventor of Christmas tree lights could have obtained a patent covering the lights.
D. The Wheel.
The wheel is sometimes given as an example of an invention. Standing alone, however, a wheel does not have much use, i.e., it doesn't really serve a utilitarian function.
What makes a wheel useful is an axle. Once the wheel is mounted on an axle, then objects like bicycle frames, dollys, and automobile frames can be mounted on the axle. Consequently, it is the wheel and axle which together comprise an important invention.
E. A Violin Bridge.
The drawing shown below is taken from a patent which issued on a new violin bridge. The bridge serves a utilitarian function. It supports the strings of a violin.
PHOTOGRAPH/ILLUSTRATION ATTRIBUTIONS: (1) "Clock". Thank you publicdomainpictures.net. (2) "Pine Cones & Berries" by Petr Kratochvil. Thank you publicdomainpictures.net. (3) "Christmas Lights" by David Wagner. Thank you publicdomainpictures.net. (4) "Stone Wheel". Thank you clker.com. (5) "Violin Bridge". Public Domain.