Go Back  Quiltingboard Forums >
  • Main
  • patent question? >
  • patent question?

  • patent question?

    Thread Tools
     
    Old 01-01-2016, 04:44 AM
      #21  
    Super Member
     
    citruscountyquilter's Avatar
     
    Join Date: Mar 2013
    Location: Hernando FL
    Posts: 1,662
    Default

    How can you patent a quilt or a pattern? Patents are for inventions. Copyrights refer to artistic work. If she said she has applied for a patent on a quilt I'd doubt it
    citruscountyquilter is offline  
    Old 01-01-2016, 07:31 AM
      #22  
    Super Member
     
    Join Date: Mar 2007
    Location: Lansing, MI
    Posts: 1,038
    Default

    had to verify my understanding of "patent" - this refers to inventions, not pattern designs. She would need to copyright it.

    I was told by a quilting teacher that if you change the pattern 30% from the original, you are the "new" owner of the pattern. So, if you make enough changes, there's no problem. Examples -- block size bigger or smaller, sashing size different, borders different, etc.

    hope this eases your concerns.
    vickig626 is offline  
    Old 01-01-2016, 10:08 AM
      #23  
    Super Member
     
    Join Date: Jul 2008
    Location: Keller, TX
    Posts: 1,927
    Default

    Patent? She doesn't know what she is saying, and has no intention of "patenting" her design. The cost to patent a product or process via manufacturing is extremely high..... $100,000 plus.....sometimes much more.....she was threatening. I would give her credit if you make a copy...as long as you are not selling the printed instructions, you are fine. If she patents her quilting process, we are all in trouble. Actually, she would have to prove no one else before her had ever used the quilt making process.
    Lady Diana is offline  
    Old 01-02-2016, 09:11 AM
      #24  
    Super Member
     
    ghostrider's Avatar
     
    Join Date: Jan 2009
    Posts: 4,688
    Default

    Originally Posted by vickig626
    I was told by a quilting teacher that if you change the pattern 30% from the original, you are the "new" owner of the pattern. So, if you make enough changes, there's no problem. Examples -- block size bigger or smaller, sashing size different, borders different, etc.

    hope this eases your concerns.
    This idea of there being a certain amount of alteration that makes it 'yours' is incorrect. It's one of the big myths about copyright law and one of the most often repeated by quilters (#6 in the link below).

    If the design is still recognizedable as someone else's, it's a derivative work and is in copyright violation. The courts intentionally set no limit of how much change makes it 'safe', leaving it as a case by case decision.
    http://www.templetons.com/brad/copymyths.html

    ETA: Techniques, how one does something, cannot be copyrighted or patented. The tools, yes, the instructions, yes, but not the actual actions.

    Last edited by ghostrider; 01-02-2016 at 09:15 AM.
    ghostrider is offline  
    Related Topics
    Thread
    Thread Starter
    Forum
    Replies
    Last Post
    SteveH
    For Vintage & Antique Machine Enthusiasts
    19
    02-02-2015 12:33 PM
    bearisgray
    General Chit-Chat (non-quilting talk)
    9
    05-23-2013 05:55 AM
    SteveH
    For Vintage & Antique Machine Enthusiasts
    7
    04-29-2013 09:11 AM
    rexie
    General Chit-Chat (non-quilting talk)
    4
    06-14-2012 07:09 AM
    bw111605
    For Vintage & Antique Machine Enthusiasts
    2
    04-25-2012 12:17 PM

    Posting Rules
    You may not post new threads
    You may not post replies
    You may not post attachments
    You may not edit your posts

    BB code is On
    Smilies are On
    [IMG] code is On
    HTML code is On
    Trackbacks are Off
    Pingbacks are Off
    Refbacks are Off



    FREE Quilting Newsletter