Patents in Machine Embroidery

What does the word patent mean and how does it apply in the ME world? Patents, copyrights and trademarks are often confused as meaning the same, whereas in reality all three terms are different.

Copyright is protection provided to the author of an original work. It “gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.”  

A “trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others.Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark.”

Patent is a grant given to the owner of an invention of a technique.  Patent rights give “the right to exclude others from making, using, offering for sale, or selling” the invention. The patent must be an original idea and may not be a pre-existing technique. Patents are territorial. In other words US patents, unless otherwise stated, are only good within the United States and may or may not be enforceable outside the US. Infringement of a patent must be in whole, in other words all aspects of a patent must be  infringed, not just one or two aspects.

Example: Lately I was involved in a discussion on patents especially ME patent carried out by Ms. Hinshaw of SuzanneHinshaw.com. Ms. Hinshaw patented her technique of “shadow work embroidery designs created by a computerized sewing machine with digitized designs embroidery patterns.” In other words, she created a technique of creating a).shadow work embroidery designs which could be b). created by the act of embroidering on c). a computerized sewsing machine with digitized designs embroidery patterns. The invention continues to describe the methodolgy used:

1. Need of a computerized sewing machine which has capability of having digitized embroidery designs

2. Two layers of fabric, one which may be a removable fabric (heat remove, water remove, tear away remove etc)

3. A particular design “shadow embroidery” which can be stitched using the technique and the computerized sewing machine-Addendum(shadow embroidery design which is created using threads)

4. Technique of the outline stitch on the non-removable fabric which catches the stitches on the removable fabric securing them and thus creating the design.

The above patent is a registered patent in the archives of the US patent office: # 6,101,962 Patent date: Aug. 2002

All the techniques and objects used therefore become the sole property of the creator, Ms. Hinshaw. An infringement would be using all of the techniques or methodology described above. Research shows me that the above was being taught and distributed prior to the patent date. However, the methodology was being taught and distributed on a regular sewing machine and not as a digitized embroidery design for sewing machines with such capability.

A patent once approved and registered can be enhanced, modified and or contested to its legality at any time. Ms. Hinshaw’s method if modified would be perfectly legal and would not be an infringement. Moreover, the patent is only good in the US and it territories. Any foreign digitizer who wished, could create similar methods provided none of the infringing designs ever came into the US. If that were to happen, the digitizer could face heavy legal costs and or fines.

To those interested in carrying out a patent: First of all, be prepared to have a lot of $$. It can cost anywhere from $2500 and above to first register and prepare the patent. Put aside at least ten times that amount for pursuing the infringement of the patent(it is a federal crime but the onus is on the plaintiff plus the case must be registered in the locality of the infringer-there are some exceptions but too lenghty and detailed and not worth the mention). Make sure the invention is a technique which has not been in use at all. Furthermore, if taking off from a pre-existing patent, make sure that not all the techniques/methodology exist in your technique. An infringement to occur would have to have all the ingredients of the patent.

What good is a patent? Well, it stops anyone else from carrying or distributing the technique hence giving you a monopoly in the market. That is on the upside. On the downside, it can limit imagination and bear resentment by others in the same field. Well, there has to be a price for everything. But having a monopoly can mean that others can seek permission to enhance the patent by obtaining an license to do the same from the patent holder.

My advice to anyone seeking to patent a technique, go for it. If it is unique and revolutionary, I see no reason why one should not have any gain and or fame by it. Personally I do not believe in it. In 1999, I developed a technique for creating paper pieced quilt blocks in the hoop of an embroidery machine. The technique has flown well and many are using it today. In 2002, I developed a technique to create trapunto look designs in the hoop as well as shadow embroidery using fabrics in the hoop of an embroidery machine. The technique has been utilized by many. In 2000, I developed the technique for unique one step cutwork and cutwork edges and that has gone haywire everywhere. I believe in the promotion of an idea to eternity and beyond.