Things that made me go hmmmmm...

A short primer on patents: there are 2 "main" types of patents, a utilty patent and a design patent. Design patents are simple as the only thing that it covers is whatever is shown in the drawings, so if someone were to infringe your design patent, they would have to make a product that looks almost exactly like your drawings (or at least look that way to an ordinary observer). Utility patents are on more complex things, and this type of patent requires a written description of your invention. The utility patent covers alot more than the design patents.

In the 3+ years I've worked as a patent attorney, I've personally filed nearly 500 design patents. Needless to say, some people around here think I am the local expert on design patents. I can normally answer just about any design patent-related question, or know where to look for a quick answer. However, I was totally stumped this afternoon. A paralegal that sits near me came into my office and asked "can I get a design patent on my baby?" Yeah, let that sink in for a second.

I asked her who she thought would be the "inventors"...I also asked whether she thought that there was any protectable intellectual property involved in the conception of this invention...

In design patents, you can submit photographs instead of drawings if the only way to convey the invention is by photograph, so I thought that this might just be possible. An issued patent only provides the patentee with the right to prevent others from making, using, selling, offering to sell, or importing the patented invention. Hmmmm...so the only real way to infringe a design patent of her baby would be to clone it.

I'm very interested in testing this, because I would give anything for a picture of the patent office examiner's face when they receive a patent application for someone's baby.

Also, even if a patent did issue, it would be even more hysterical (in an odd way), if the patent was invalidated because one of the inventors listed on the patent was not really an inventor...you's gots some 'splainin' to do...

In the end, I don't know the answer to the question, but it was sure a welcome (and funny) break to my afternoon, so I thought I'd share.

Cheers.