Thursday, September 16, 2021

Oh, patents! Spanx® Arm hosiery (2)

 Copyright © Françoise Herrmann

The Spanx® arm hosiery design was also awarded the US design patent USD880108,  titled  Arm Hosiery,  on April 7, 2020. As a reminder, according to the United States Patent and Trademark Office (USPTO): 

“a utility patent” protects the way an article is used and works (35 U.S.C. 101), while a “design patent” protects the way an article looks (35 U.S.C. 171) [MPEP Chapt. 1502.01; [R-07.2015]].

Below the Figures 1, 8 and 9 extracted from the patent, respectively showing the patented ornamental design of the three-quarter-length right sleeve, full-length and elbow-length arm hosiery sleeves. The patent further specifies that the broken lines, on the drawings, indicate those parts of the garment that are excluded from the claimed design. As a result only the ornamental design of the sleeves is patented. The bodice, to which the sleeves are attached, is excluded from this patent. Also included below, an advertisement for the Spanx® full-length embodiments of the arm hosiery, in multiple colors, marketed as Arm Tights®!




References


MPEP – Chapt. 1502-01 – Distinction between design and utility patent
https://www.uspto.gov/web/offices/pac/mpep/s1502.html

No comments: