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[maxcat]

like a lot of people here i have "is it patentable" questions, mine being of the "is it too obvious" type.

lets assume i am making custom tarps for landscaping.

the tarps are manufactured just like other genric tarps (same materials and processes) to be laid out on the ground so that workers can pile landscaping debris on them so that collection is easier and so that the debris doesn't get spread around etc.

#1 instead of using 'off the shelf' bright blue or glow in the dark orange tarps i want to print a grass design on them so they blend in to the surrounding area. i understand that just making a regular green tarp wouldn't be patentable, but what about the ones with the printed design? or is that "too obvious".

if YES it IS patentable then wouldn't someone just have to change the shapes of the blades of grass to get around any enforcement?

#2 rectangular shaped tarps bunch up when you try to gather them into a "bag" shape and lift up the debris filled tarp, could a person patent a circular shaped tarp? (the circular shape provides a better function for the specific application even though this advantage is lost if you used the tarp for its typical uses like rain protection etc)

if just a simple circle shape is "too obvious" then what if there were flaps or seams (or a "sunburst" type shape) within that circular shape that allowed for better "folding" or "gathering" of the tarp (when used for collection of debris)?

#3 would the combination of a circular/sunburst shape WITH the printed grass design stand a better chance of being patented?

thanks in advance
max

[JimIvey]

You might get better answers if you were looking at a design patent rather than a utility patent.

Is there any reason no one has made a grass-patterned tarp?  If simply none have chosen to do that, that's a tough argument to make.  If there's something about tarps that makes printing designs on them particularly challenging, then you'd have a better shot.  Since I've seen camouflaged tarps, I'd bet there's no real challenge to printing on a tarp.

Similar analysis would pertain to a round tarp.

Similar analysis would pertain to the combination of the grass pattern and the round shape.

Regards.

[heyitsjohn2002]

connel v. sears: most new inventions are combinations of old stuff.  Good case.  Of course, the "obviousness" as to those combinations is a whole nother animal.  ugh........