Third, we have to figure out whether the hairdo is "obvious" to one skilled in the art of hairdos-someone who knows all the "prior art" hairdos. Imagine if for 20 years no one else could have a hairdo like Woolery's-sounds like it might well be in the public interest.
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Patent Office (acting for the benefit of all the people and government) is that the inventor gets a monopoly on the invention for a limited time (20 years for the utility patent and 14 years for the design patent) if the inventor discloses to the general public how to recreate the invention after the patent expires. Why? Because you can't get a patent for reinventing the wheel, the beehive hairdo or the "Woolery Wooly Chunk." Second, we have to figure out if the hairdo is novel. However, if the hairdo is only really there to complement a pronounced chin, then it's ornamental.
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If Woolery's hair is able to maintain its shape under hot TV lights, refract the bright spotlights into attractive shapes, or cushion the fall of a suicidal game show contestant, then we could say that it is functional. An ornamental design may be a part of something which has some utility, but it contains additional decorative elements separate from the functional parts. So, how do we patent Chuck Woolery's hairdo?įirst, we have to determine if the hairdo is a "functional" design or an "ornamental" design. Many of the most valuable patents are relatively simple and elegant.
So don't think that because a new invention doesn't require elaborate mechanical gears or electrical circuitry, it isn't patentable. patents issued since 1976 (the year that the patent database is searchable back to), 179 are related to hairdos. It wasn't clear if it was a serious question or an attempt at humor, but as I am an intellectual property lawyer, the question tickled my little grey cells.Īs odd as this may seem, of the U.S. It was posed by a DesignBoxer who was acting as if they were game show host Chuck Woolery, he of the high-volume wraparound slick 'do. Bring your concept or application to us today and let us get to work on a creative, effective solution that works for you.The question of whether you can patent a particular hairstyle came up in a weekly DesignBox creative session.
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