Wednesday, April 28, 2010

Design Patents




Hey designers!

Have you ever innovated a design exclusive to this era and realize that somebody with more business savvy than you grabbed the idea plus $50,000 U.S. and manufactured it in China?!?!?! (Pulls hair now!) What is an artist to do? Go to www.uspto.gov and research some of the subject matter dealing with patent laws. What is a patent? How do I know I am the originator of the design? Why do I need a patent? Are some of the questions that this wonderful resource can answer for those of us in need.

I remember 6 yrs ago when I started painting my old, tarnished, dollar store, bamboo hoops. Bright colors, subtle hints of the metals natural color, wild line work, just pure artistic original innovations in design. My clients loved them. Sure enough, what used to be exclusively available through my jewelry design services became widely available for 1/3 of the price in a well-known shoe store (whose name I have deliberately left out of this article).

"Hey that was my design!!" doesn't exactly work in a court of law. So someone suggested that I begin researching patent laws. At first I was skeptic because we all have seen the x brand knockoff of a Gucci original! Come on, I'm from New York!! How can a patent help me, an independent designer??

So screw the skepticism, time for some action! Go to www.uspto.gov to have your patent questions answered and find out artists' rights as the creators of the present day culture. Artists make the world go round, so don't let monopoly owning slave traders dictate who and what we support. We have spending power too so lets stand our ground and say hell no to cheap China made knockoffs! (No matter how cheap and good it looks ;)

Signed, a blessed artist and designer,
Tracy Ann Simmonds

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