Page 40 - 2020 March JOA

ANTIQUES PEEK by Jessica Kosinski
ANTIQUES PEEK

Buying Patented

nyone who collects antiques will tell you that determining value final product is granted a patent. This
can involve several important factors. Topping the list are things protects the design as the final
Alike item condition, place of origin and, if possible, figuring out product is being developed.
what individual or company actually produced the item and then
assessing its age. One way to help determine the age of an item is by What “Pat. Pending” Means
finding out if it was ever patented. There are some terms relating to
Let’s take a peek at what a patent is patents that are commonly used here
and what information you can get in the U.S.: “Pat. Pending” or
from one. “Patent Pending;” and “Patent
Applied For.” If an item is marked in
Defining a Patent Fender Guitar Bridge Pat Pending one of those ways, it means it was
The United States Patent and produced after a patent application
Trademark Office defines a patent was filed but before it was government-approved. This makes it easy
as a “grant of a property right.” In to figure out the short space of time during which such an item
plain English, a patented item is was produced.
one that a person or company
claims as its own. The purpose of Patent Date vs. Production Date
the patent is to prevent others If an item is marked with a patent number, you can easily look up
Patented Antique Nutmeg Grinder from reproducing and profiting information for that item. Some items are also marked with specific
from a design for a period of time. In the U.S., most modern patents patent dates. However, in either case, you cannot assume the patent
are valid for 20 years. Be aware that patent laws vary greatly in other year was the production year.
countries. Once you figure out when an item was patented and where, An item marked with a patent
you can learn more about the patent itself. date or a patent number that
has a recorded filing date
Types of U.S. Patents could have been produced
There are three main types of U.S. patents: Utility, Design, and that year or in the years after
Plant. A utility patent is used for designating ownership of a new patent approval.
machine or device, or for the improvements made to an existing device
used to make products. It prevents anyone or any other company from Worldwide Patent Leaders
making, using, or selling the item without permission from the patent One of the most well-
holder. known U.S. inventors was
A design patent is a patent on the unique visual qualities of a Thomas Alva Edison. Mr.
manufactured item. They are granted if the product has a distinct 1878 Edison Phonograph Patent Image Edison’s patented inventions,
configuration, distinct surface ornamentation or both. In other all 1,093 of them, changed the
words, a design patent provides protection for the ornamental design of world. Without him, we might not have light bulbs, motion picture
something that has a practical utility. cameras, or recorded music, among many other innovations. His patent
The third patent type is a plant patent issued to any applicant who count was so high that he stood as the most prolific patent holder in the
discovers or invented and asexually reproduced a distinct and new world until 2003, despite passing away in 1931. In 2003, Shunpei
variety of plant, other than a tuber propagated plant or a plant found Yamazaki of Japan surpassed his patent record. Yamazaki was later
in an uncultivated state. Obviously, for the purposes of antiquing, the surpassed by Kia Silverbrook of Australia but regained the title of most
first two are most important. patents ever held by one individual in 2017.

What Patents Tell You What to Do After You Find a Patent Mark on an Item
Patents or applications for patents only tell you roughly when a After you find a patent mark on an item, there are a few simple
company or individual thought an idea actions to take. First, look up the patent information online. If you do
was good enough to be worth legally not know the country of origin of the item, an online search for the
protecting. The patent does not patent details may provide you that information. Once you know the
guarantee that the company or person country, check the records of the patent office for that country.
granted the Many patent records are now available online. Those records can
The patented Cummins patent actually tell you when patent applications were filed, approved, and in some
Initial Hat Band Perforator began produc- cases renewed or extended.
tion at that After locating a patent
time. Many record, you will also learn
prototypes the name of the individual
and many or company associated with
patents are the patent. From there, you
created and can look up how long the
awarded maker was actively persuing
before the the patent. British Patent Marks

Jessica Kosinski has been a freelance writer specializing in writing short articles for 15 years. She is also an avid collector of both antique books and Star Wars memorabilia. Although she is not in the
antiques industry professionally, she has learned a lot about antiques over the years by periodically helping out at her mom’s antiques shop in Greenville, NH. She currently balances maintaining the
antiques shop’s Facebook page, www.facebook.com/MallofNE, and working on various freelance writing assignments. She can be reached at dementorskiss77@yahoo.com.
38 Journal of Antiques and Collectibles