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Zen And The Art Of Patent Protecting Zen Art
from the how-very-unzen dept
A person who prefers to remain anonymous points us to the "legal" page for an operation called Zentangle, which is apparently a method of creating artwork, with a bit of zen thrown in. But, what struck the submitter (and us) as particularly unzen, was the focus on intellectual property up and down the page. It doesn't seem particularly "zen" to demand how everyone should refer to Zentangle. There may be a legitimate trademark interest (though, it does look like they're overprotecting), but where things really get bizarre is the claim that the method for teaching this particular form of art is patent pending.
Indeed, the folks behind this have a pending patent application (which is also embedded below), and as you might imagine it seems a bit silly. Just for kicks, here's claim one:
1. A method for creating an abstract artwork, comprising the steps of:Does that really deserve a patent? Thankfully, it appears that the folks in the patent office aren't so sure it deserves a patent either. Looking through the transaction history, you see that patent examiners have rejected it eight times, with four of those being "final" rejections (and, no, the word "final" doesn't mean what it means in the rest of the world when it comes from the Patent Office where no rejection is ever final -- you can just keep trying). Hopefully this continues, but really, the amount of effort that's been put into "intellectual property" here seems to go way beyond what makes sense, and hardly seems to fit with the "zen" theme. Sure, a trademark could make sense if you're going to build a brand around the name (though, a common law trademark probably would have been just as effective), but a patent? Seriously?
a) Instructing a user to mark dots around the inside perimeter of a marking surface, using a temporary marking device;
b) Instructing the user to connect the dots with the temporary marking device, creating a border around the inside perimeter;
c) Instructing the user to draw with the temporary marking device one or more lines within the border which create a section or sections within the border;
d) Instructing the user to choose one of a plurality of predetermined patterns, and to draw with a permanent marking device the chosen pattern within a chosen section defined within the border;
e) Instructing the user to make each stroke deliberate and intentional;
f) Instructing the user to choose another of the plurality of predetermined patterns, and to draw the other chosen pattern within another chosen section;
g) Reminding the user to watch the tile evolve;
h) Alerting the user that the patterns are all accomplished by a series of repetitive strokes, intended to deliberately capture the user's attention;
i) Alerting the user that the engagement of the hand and eye, in combination with the effect of the repetitive motions, enables a shift of focus and perspective, and relaxation;
j) Instructing the user to shade different areas of the tile using a pencil or other temporary marking device;
k) Instructing the user to blend the shading by rubbing with a fingertip;
l) Instructing the user to sign the tile with the permanent marking device;
m) Instructing the user to view and appreciate the new patterns and lines created that may not have been planned; and
n) Instructing a user to document a back side of the tile.
24 Comments | Leave a Comment..
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Maybe they really are being Zen about this and their mantra sounds something like this:
"This really is patentable....this really is patentable...this really is patentable..."
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I wonder...
google...
google...
google...
It was! U.S. Patent No. 3230624 January 1966
and yet, there appears to be prior art for this as well: http://www.spiroman.freewebspace.com/index.html
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Zen and the Art of Trademark Maintenance
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8 times?
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as the old zen saying goes:
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Re: 8 times?
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However, when they use that phrase, here for example, they use the common-law mark (TM). Is it registered or not?
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lol
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Couldn't tell you where I picked that up, TV, tour, school... or why I still remember it, ha. Something about it being used in colonial times, too, or maybe ancient Egypt?
It's a drag, getting old. ;)
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Use a knuckle and you won't infringe, woo!
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Re: as the old zen saying goes:
(Ways to Kill Jokes, Method #22: Pedantry)
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Re: 8 times?
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Re: Re: as the old zen saying goes:
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Maybe. You'd have to look it up on the Principal Register at the USPTO.
A (TM) symbol is an indicator that it is not registered yet, and a (R) symbol indicates that the mark is registered. But no amount of symbol use is conclusive evidence of whether a mark is registered or not. The users of such symbols could be doing so incorrectly and/or inappropriately.
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Re: Zen and the Art of Trademark Maintenance
Maybe copyrighted, but certainly not patented. Methods are patentable if they provide a practical application of an abstract idea and produce a tangible result. Instructions to perform a method do neither and are thus non-statutory subject matter under Section 101 of the Patent Act.
As you might have guessed, the Examiner picked up on this and issued a 101 rejection. The claims have undergone significant amending since.
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Capitalism on crack
By-the-way...the Egyptians should be sued retrospectively as there are many similar drawings on so-called ancient tombs...I sense a time traveling conspiracy!
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