Re: patent a shape

Subject: Re: Re: patent a shape

Comments:
: : Is it possible to patent a shape in another form? I'll use an example that has already been done. : : A company makes replicas of mini baseball bats. Could they patent that? As far as I knew, the shape of the baseball bat is not patented since there are numerous bat-makers using the same shape (as with most every other sport). Could their patent keep another company from making mini baseball bats, or would that shape be considered public domain? : : To cover all bases...two, three...let's say further that the mini bats were mini pens (not a simple replica but a specific purpose replica); could they then hope to corner the market with mini pens? : Dear Mr. Bennett, : If there is a function involved with a shape that is new, useful and unobvious, a patent may be obtainable. : If the shape has artistic merit and is different from other known shapes a design patent may be obtained. : There is not much protection in a designe patent since variations my not be infringments. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive(sm)

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Do not disclose any details of any patent idea. See a lawyer.
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