Design Practical Exercise – Protecting Variable Design Choices and Color

Within the newest episode of IP Follow Vlogs, it’s time for an additional design patent sensible train. We beforehand did a design exercise on patenting Apple’s AirPods. This time we’re going to patent the lightsaber. Particularly, for example, we might be utilizing a {custom} made lightsaber from Disney which was constructed by my husband at an expertise at Galaxy Edge referred to as Savi’s Workshop. The lightsabers which can be assembled and bought at Savi’s workshop are all customizable wherein the design or bodily look really differ relying on the client’s design alternative. I’m going to point out you why this custom-made lightsaber is definitely an excellent candidate for design patent safety regardless of its variable design.

Everytime you’re confronted with patenting a product that’s going to market, you wish to have an concept of the way it’s going to be made, used or bought. The best way this product is bought at Savi’s Workshop is that the client picks a theme for the lightsaber and that theme comes with a mix of preset parts for the hilt from which the client then chooses to construct their lightsaber. The parts of the hilt, which the sleeves, pommel caps, and many others. are variable. However all of the lightsabers, it doesn’t matter what form of theme the client chooses, have a standard part and that’s the chassis within the middle. The parts of the hilt are assembled onto the chassis.

The chassis for this lightsaber incorporates a receptacle for holding a Kyber crystal. In Star Wars lore, a Kyber crystal is a uncommon sort of crystal that’s attuned with the Pressure which the Jedi and the Sith used within the development of their lightsabers. It’s also generally known as a plastic container with an RFID chip inside. The chassis incorporates electronics that learn the RFID chip and a controller then causes the blade to emit the colour of the Kyber crystal. Disney sells Kyber crystals individually from the lightsaber.

As talked about, the hilt parts are customizable primarily based on buyer desire whereas the chassis is a normal part. One of the best ways to guard that design idea is to patent a generic model of the hilt parts and the chassis that’s generic to all of the lightsabers of this sort. You achieve this by capturing the dimensional relationship of the hilt components and their placement on the chassis that will be widespread to all these customizable lightsabers. Study extra on how to take action within the accompanying video.

In terms of defending the Kyber crystal, which is individually bought by Disney and will be bought by way of their numerous online marketplaces, you really don’t wish to declare these little crystals themselves as a result of may get an anticipation rejection in view of rocks. Subsequently, from a design patent perspective, you wish to shield the capsules which can be bought with every crystal having corresponding colours.

One of many important design options of those capsules is definitely the colours. If you concentrate on it, these lightsabers retail for $250. For those who’re paying that form of cash for the expertise and the product, you may’t simply have one itty bitty crystal that goes with it. Your $250 lightsaber solely lights up in a single colour? No method. Any affordable particular person will buy Kyber crystals at scale, clearly. So, colour is a crucial design side and you may declare colour in designs. Whenever you declare colour as a patentable characteristic, the examiner might deem the completely different colours to be patentably distinct from one another, or not. Which implies you’ll have to determine whether or not to file separate design purposes claiming colour for every of those capsules, or file all of them collectively in a single software as completely different embodiments. By submitting them collectively, the examiner might limit between the embodiments indicating that the colours are patentably distinct. By which case, you’re going to must file continuations. But when the U.S. Patent and Trademark Workplace (USPTO) doesn’t offer you a restriction, then you’re caught with the USPTO stating the colours will not be patentably distinct, which will not be an amazing factor from an enforcement perspective. So, by submitting separate purposes for every colour, you’re asserting that the colours are patentably distinct. It could be a bit of costly, nevertheless it’s price it.

Watch the video for extra on defending colour with design patents.

This vlog is devoted to my daughter, Victoria, who was born final October and might be inheriting this lightsaber and all of her father’s Star Wars gear. Congrats on successful the beginning lottery, Victoria.  

Acknowledgments

The IP Follow Vlogs are created in collaboration with my companions at Global IP Counselors, LLP, Nomugi Tomoyori (video enhancing and styling) and David Tarnoff. My specific due to Dave for the various years of mentorship and tutelage. I hope I’m nearly as good of a instructor as you’ve got been.