Friday, September 26, 2008
Why the horse-shaped house is a problem patent
In a recent post, I mentioned a patent on a horse-shaped house (U.S. patent 5,564,239). Here is a very thorough analysis from a reader:
The patent for a horse shaped sculpture may also be a good example of a
weak patent examination process in action. The first cited patent - from
1882 - really sets forth the entire concept of an animal shaped building.
Including stating "The building may be of the form of any other animal
than an elephant, as that of a fish, fowl, & etc." That description
pretty clearly includes a horse, and anyone looking at the patent - or
the actual buildings that resulted, would surely realize that the
building could be shaped like a horse, or a cow, or any other animal.
Isn't it obvious to surround a building (of any sort) with a garden and/or
a moat, and/or a fence? Lets see - gardens have surrounded buildings for
centuries, and we've all seen castles from 500 years ago which are
surrounded by water (and even have gardens in some cases - and even bridges
over the moats). Is it novel to make the outline of the garden, or the moat,
octagonal? Wouldn't that be an obvious extension, of say, a pentagonal or
hexagonal shape? In fact if I wanted to spend an hour or so I bet I can
find an octagonal moat surrounding a building. And thus with the prior art
you have the '239 patent.
But it is an amusing patent. I remember visiting Lucy the Elephant - built
from Lafferty's 1882 design in Margate NJ. It was a decrepit relic when I
was young, but has since been restored. See the story at:
http://www.lucytheelephant.org/
The web site includes historical descriptions of other similar structures,
how they were used for amusement purposes, etc.
By the way -- Lucy the Elephant is surrounded by a rectangular fence, with
an opening. Is it really an invention to make the fence octagonal instead
of rectangular, rhetorically speaking?
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