So, today sees me reprimanded for creating my finger armor.
I had been inspired to dig out my old designs based on armor gauntlets after seeing Erin Simonetti's finger ring and created my black and silver howlite piece. I didn't examine her design to see how she made it.....I just went back to my old drawings and though they weren't designed for bead weaving (I didn't know about bead weaving back then) I saw how my patterns totally were right for bead weaving. I really tried to do something different from Erin's and even took the design into a whole new construction technique this past weekend (different from my original pattern which was shaped like Erin's).
However, it seems that Erin has a patent pending on her finger ring and she says it covers any bead woven ring that covers the entire finger. That means no one can sell, publish or create a pattern for a bead woven ring that covers the finger but her for the next seventeen years. I was in the process of creating a five section finger armor piece, totally different from hers but with her patent being so general it doesn't allow for even that. How sad! Talk about being cut off at the creative knees, even if I just make one for myself I can't even send it to a magazine as a 'show and tell piece' because if they publish it I'm violating Erin's patent.
I haven't found her patent yet but I did find another interesting one. This one is for a beaded bead made by wrapping beads with a thread around a base bead. There are a lot of people using this technique and it's frequently published so how does that effect the beading world?
Mikki: The information from Erin does not seem accurate. That would be like saying I have a patent/copyright on the word "the" and no one else could use it. I would check this with a lawyer.
ReplyDeleteThanks Elizabeth. I can see the point with mine being two sections joined by a hinge like hers (though since she asked me how I hinged I must do it differently) however I will go forward with some other designs from the same set of original drawings I made six years ago as they are not the two section with a hinge design. I have some pictures of gauntlets I based them on and they look nothing like anything she is doing.
ReplyDeleteWow...I didn't know that someone could get a patent which is so all encompassing!!! Doesn't seem fair/right to me...but then what do I know. I do agree with Elizabeth though if you wanted to continue with your design I would contact a lawyer.
ReplyDeleteCheers
So, what has she actually invented? A new process, a new function, a new artform? Her application, if there is one, obviously hasn't been reviewed and approved yet. Isn't there some sort of pat. pending number issued when application is made? Questions, questions, questions...
ReplyDeleteI guess I've learned that patents don't always go through. I believe you get some kind of number when the patent office recieves the application.
ReplyDeleteThat's shocking! I do think it is odd that someone can corner the market on covering a particular part of the body... that's like inventing a ring or bracelet or necklace and not letting anyone else do the same. Hmmm, worth checking out.
ReplyDeleteHello again, I forgot to mention that I posted those fabulous lucite leaves last week, THANK YOU SO MUCH! http://abeadaday.blogspot.com/2009/11/lovely-lucite.html
ReplyDeleteThis is what I so dislike about the ethics of beading. There are so many creative, like minded people out there - there is bound to be (and IS) similar 'original' work being done out there. It's sad that everyone can't just share in the creativity, and be happy that we all love the beading world. You didn't copy her design exactly, and there are bound to be differences in what you did, etc., etc.....let's hope there can be a happy solution.
ReplyDelete