USD274,350 - The Sink-in' fishing lure

There are basically two types of fishing lures: those that sink and those that float.

The sink-ing type of lures are made heavier than water - when you cast the lure into the water it'll start sink-ing.

The float-ing type of a fishing lure, when cast into the water, won't start sink-ing, it will float.

A float-ing type of a fishing lure, however, can be forced to start sink-ing by adding weight (50) to the lure. Or when you start spinning the reel in order to retrieve the float-ing fishing lure it will start sink-ing, unless it's a special never-sink model, a topwater fishing lure.

Moomins enjoy fishing too

I've always thought a design patent application is filed in order to protect your aesthetic creation, such as a company logo, or an ornamental design of a coffee mug. Some items, like mugs, vases, may need design protection for obvious reasons: they have potential to become collector items. One such example is a Moomin mug. Moomin mugs are extremely popular and used and collected by many people around the world. Some items are just practical to use or to store so people like to buy them, in all sizes, items such as plates and saucers. You shouldn't allow your competitors to copy your plates and saucers. So file a design patent application!

Typically it's the shape, the visual appearance that need be protected by a design patent. In case of the Moomin mug, both the container shape and the handle shape and location are important.

The scope of protection obtained by a design patent is not considered to be as strong as that of a utility patent. The main reason, in addition to the fact that there are no claims in a design patent or application, is that just by changing something, sometimes even a tiny little detail, your design may fall out of the scope of protection of the design patent. Well, that's the same thing as with a utility patent, isn't it? Claims or no claims.

Some design patent publications just blow me away. This USD274,350 design patent is one of the top examples.

First of all, commercial challenge is clearly present with a product according to that design patent. Who would buy such a fishing lure?

Secondly, if you want to manufacture similar fishing lures without fear of infringement, simply change the type or model of the base unit of the fishing lure to avoid infringement, an oval design, perhaps? Or maybe we should call it a base-in unit? There are a number of manufacturers whose design you might want to select for your lure's base-in unit to differentiate your sink-in' fishing lure from that one patented by this design patent USD274,350. Just make sure you check if the manufacturer you selected hasn't got a design patent on their design registered in fishing lures category. For example, in the USA design patent class D22/132 is the one you should check. And other classes in which you wish to register your fancy sink-in' fishing lure design.

I wonder why the drain doesn't go through the basin in Fig. 5. The drain is where the water leaves the basin. One reason might be that this is actually a float-ing fishing lure, intended to be riding on top of water like a boat when retrieved, like a topwater fishing lure. The drain is where the water enters the basin.

Besides, I want my sink-in' fishing lure with the latest top of the line Touch Free Automatic Infrared Sensor Sink Faucet. I hate those Victorian style sink arrangements with separate cold water, hot water handles and levers. When a fish comes close to the lure, within the range of the sensor, the faucet would start dripping a special attractor substance with a scent no fish can resist. Maybe I'll apply for a patent on that...

Sure, a pike would bite this sink-in' fishing lure, no doubt about it! What I would like to add to my sink-in' fishing lure is an attractor, a strike point, maybe a blood red feather tied to the hook, wet fly hackle style. Or a spinner blade attached next to the line tie point. Would any of those modifications take my design out of the patented scope of USD274,350? I'll leave that to you...

Tight lines everyone!