Key Takeaways

  • Jewelry patents protect unique ornamental designs and functional aspects of jewelry pieces, ensuring exclusivity for a set period.
  • Jewelry patent searches help determine if a design has been patented before, utilizing databases like USPTO and Google Patents.
  • Types of jewelry patents include design patents (ornamental design) and utility patents (functional aspects).
  • Filing for a jewelry patent requires a detailed application, including illustrations, a written description, and meeting novelty and non-obviousness standards.
  • Copyright vs. Patent: Copyright protects artistic expression, while patents protect functionality and unique designs.
  • Patent infringement and enforcement require monitoring for unauthorized reproductions and pursuing legal action if needed.
  • Cost-effective patent strategies include conducting a preliminary patent search and working with experienced attorneys.
  • International patent considerations are necessary for businesses selling jewelry globally, as patent laws vary by country.

Jewelry patents were common in the past when jewelry designs couldn't be copyrighted. A design patent protects the way a manufactured product looks but not the way it works or how it's structured. Businesses can protect their intellectual property rights over an original design by applying for patent protection. This should be done before entering the market to prevent a competitor from copying and profiting from your design.

What Are Jewelry Patents?

Businesses protect their investments with patents. The patent process could take several months, so companies marked their patent-pending jewelry “PAT. PEND.,” “DESIGN PAT. PEND.,” or “DES. PAT. PEND.” after submitting a patent application to let people know that it was waiting for approval. Once the patent was approved, businesses could add their patent numbers to their jewelry.

Starting in 1955, businesses could copyright jewelry designs and simply add copyright symbols to their jewelry to protect it. The United States stopped offering jewelry patents because they weren't needed, but many vintage jewelry patents are still valid.

Types of Jewelry Patents

Jewelry patents generally fall into two primary categories:

  1. Design Patents: These protect the visual appearance of a piece of jewelry, including its shape, surface ornamentation, or overall look. A design patent does not cover functionality, only aesthetics.
  2. Utility Patents: These cover functional aspects of jewelry, such as an innovative clasp, a special stone-cutting technique, or a new mechanism for adjustable rings. Utility patents are less common in jewelry but provide broader protection when applicable.

To qualify for either type of patent, the jewelry design or function must be novel and non-obvious, meaning it cannot be an obvious variation of existing designs.

Jewelry Patent Searches

Today, a jewelry patent search helps provide information that is crucial to finding the value of a piece of vintage jewelry. You can use websites like www.jewelrypatents.com to search for jewelry patents with keywords, date ranges, or ranges of patent numbers. You can also browse by company or by category of jewelry. This site allows you to view patent documents by clicking on the patent number on any image, but you can't download the file.

The United States Patent and Trademark Office, or USPTO, has a large database containing patents that date all the way back to 1790. If you know the patent number, it's an excellent way to find vintage or antique jewelry patents. Click on the "Search for Patents" link under the Patents menu near the top of the page to get started.

Patents from before 1976 are stored as PDF files. Design patents, including jewelry patents, should start with the letter D and have seven numbers. If the patent only has six numbers, add a zero at the beginning.

After you enter the number, you'll see the first page. Use the icons or the links underneath them to look at different pages. Most jewelry patents include:

  • One or more illustration pages
  • At least one page with signatures and specifications

USPTO allows you to download the file for future reference. Click the “Full Pages” button to make sure the entire document will be downloaded, and then click on the Save icon to download the patent.

Since patent documents are public domain, you can post them on your website or social media. Linking to jewelry patent documents on your sales site lets visitors know you're knowledgeable and the product is authentic. However, you can't copy the layout or design of another website that includes vintage jewelry patent documents. You have to make your own description and design based on the original documents.

Importance of Conducting a Jewelry Patent Search

Before applying for a jewelry patent, a thorough patent search is critical to:

  • Avoid legal disputes by ensuring the design does not infringe on existing patents.
  • Assess whether the design qualifies for patent protection.
  • Identify competitors' patented designs and avoid unintentional copying.
  • Strengthen a patent application by demonstrating awareness of prior art.

Skipping this step could lead to costly legal battles or rejection of your application due to prior similar designs.

Where to Search for Jewelry Patents?

There are many websites dedicated to researching costume jewelry that was produced and patented in the United States. These sites may help you learn more about the jewelry piece and identify several important details, such as:

  • The manufacturer
  • The seller
  • The name of the designer
  • The patent date
  • Other specifics

Additional Resources for Jewelry Patent Research

In addition to the USPTO and Google Patents, the following resources can provide valuable insights:

  • World Intellectual Property Organization (WIPO): A global patent database covering multiple countries.
  • European Patent Office (EPO): Useful for jewelry designers seeking protection in Europe.
  • Patent Lens: A free, open-source patent search platform that includes global records.
  • Private Patent Search Firms: Hiring a professional search firm can provide an in-depth analysis of potential conflicts with existing patents.

Steps to a Jewelry Patent Search

If you‘re researching vintage jewelry patents, a helpful website is Jewelry Patents. This site allows you to identify a piece using several methods, including by company name, jewelry type, and year created. The website is simple to use. First, select a company name. Next, you may choose between either the type of jewelry or the yearly range the piece was created.

An illustration or image of the piece will then appear with the vintage jewelry patent information. Click on the patent number to view the patent document in its entirety.

Launched in 2006, Google has a patent search engine called Google Patents. It offers the ability to search over a dozen patent offices and through millions of different patents. Additionally, Google has incorporated data from all around the world making it one of the most useful international online patent searches.

To use the search engine, simply enter the patent number and any correlating documentation for the patent will be displayed. There is also an option to download the PDF file associated with the patent.

Can You Copyright Your Jewelry Designs?

Creativity is protected under copyright law in the U.S. Therefore, if you create a unique jewelry design, it may qualify for a patent. To patent jewelry, it needs to have some function that's novel and non-obvious to other professionals in your industry. While original art receives copyright automatically, manufacturers need to file a patent application and get it approved to have patent rights. Some examples of items that would qualify for a jewelry patent include:

  • An innovative clasp
  • A specialized cut for a gem that makes it sharp enough to cut through other items
  • A locket that can hold several small photographs or other items

Jewelry Patents vs. Trademarks

While patents and copyrights focus on protecting unique designs, trademarks serve a different purpose. A trademark can be registered to protect:

  • A brand’s logo or name associated with jewelry.
  • Signature design elements that distinguish a brand (e.g., a signature clasp or engraving style).
  • Trade dress, which includes the unique packaging or presentation of jewelry.

If a jewelry brand has a distinctive look recognized by consumers, trademark protection can prevent competitors from copying it.

Steps to Jewelry Patent Search

The rights you get from a design patent are broader and more powerful than copyright because you don't have to prove an infringer intentionally copied your work. Even if the person or business has never seen your jewelry, you can take legal action if their merchandise is very similar or the same as your work. However, large companies with lots of money to obtain and enforce a design patent will have a greater advantage. This is why many smaller businesses and creators seek out intellectual property insurance.

Deadline for Design Patent Application and Filing Process

The filing and patent application process can take one year or more and can cost thousands of dollars.

Steps to File for Patent Application

When completing the design patent application, you will be required to describe your invention in detail and provide product information to a registered patent attorney. This will initiate the patent application filing process. Once the application is complete, the paperwork will be filed with the USPTO. Next, it will undergo an intense, multi-year examination to determine if the invention meets all three requirements of utility, novelty, and non-obviousness.

Common Mistakes to Avoid in Jewelry Patent Applications

Applying for a jewelry patent is a complex process, and common mistakes can lead to delays or rejections. Avoid the following pitfalls:

  1. Insufficient or unclear illustrations – Design patents rely heavily on visual representations, so high-quality, detailed drawings are essential.
  2. Lack of novelty – Ensure the design is truly original and distinguishable from prior art.
  3. Public disclosure before filing – Revealing a design publicly before filing a patent application can impact eligibility.
  4. Inadequate descriptions – A weak written description can make it easier for competitors to design around the patent.
  5. Not considering international patents – If planning to sell jewelry internationally, file for protection in multiple countries to prevent overseas copying.

Jewelry Design Copyright

Once the work is created, copyright is automatic once the registration is completed. Typically, copyright takes three to six months and costs under $50.

Advantages of Jewelry Design Copyright

By securing copyright, you have the rights to the design and can prevent copying from any competitors.

Disadvantages of Jewelry Design Copyright

Unfortunately, in many countries, copyright will usually cease as soon as the design is placed in an industrial process to mass produce the item or article.

What Happens to Your Copyright If a Competitor Makes a Certain Number of Articles About It?

If a competitor produces a certain number of items or articles, then your copyright will cease. To protect your design when it is mass-produced you will need to file for an industrial design patent.

What Is the Expiry of Copyright and Patent Design?

A copyright lasts for the duration of your life plus 70 years. A patent on a design is applicable for 14 years. Remember that there are many rules regarding design patents that may prohibit a designer to successfully qualify for a patent.

Are All Designs Protected Under Design Patent Law?

Not all designs can be protected under a design patent law. Certain circumstances restrict your ability to file for a design patent, such as:

  • Your design has been offered for sale
  • Images of your design have been published for over one year

Generally, a design patent protects the way an article looks. This may include the appearance of an article's shape, configuration, or the surface ornamentation applied to the item, or both.

Patent vs. Copyright

Today, you can copyright jewelry if it's a work of authorship that's fixed in a tangible medium, which means it must be an actual piece of jewelry. Something is a work of authorship when it's a piece of art, rather than a functional tool, that is your own unique design. For example, a length of wire for an earring back isn't copyrightable, but a gold carving of a lion meant to hang on a necklace chain might be.

The rights you get from a design patent are broader and more powerful than copyright because you don't have to prove an infringer intentionally copied your work. Even if the person or business has never seen your jewelry, you can take legal action if their merchandise is very similar or the same as your work.

Patent Infringement and Enforcement

Even with a patent, jewelry designers must actively monitor for infringement. Common signs of patent infringement include:

  • Identical or highly similar designs appearing on the market.
  • Competitors selling jewelry with the same functional innovation.
  • Unauthorized use of patented elements in mass production.

Steps to Enforce a Jewelry Patent:

  1. Send a cease-and-desist letter – This is a formal warning demanding that the infringer stop using the patented design.
  2. Negotiate licensing agreements – Some designers opt to license their patented designs instead of pursuing legal action.
  3. File a lawsuit for patent infringement – If necessary, legal action can be taken to seek damages and block further sales of the infringing jewelry.

For effective enforcement, consider consulting an intellectual property attorney.

Patent Artwork

The actual application process is relatively straight-forward. Generally, there are two options in filing for a Design patent:

  • Provisional Applications: These are the “patent pending” designations occasionally seen on products. They are, essentially, “placeholders” that give the artwork precedence over potential competitors, but it has not been officially submitted to the USPTO for ultimate scrutiny. This allows patent applicants up to one year to assemble all support material and to determine if the product is truly distinct.
  • Non-Provisional Applications: This is the formal patent application that initiates the USPTO review. It means the applicant has provided all the necessary information to support the artwork, made the case, and now it is in its completed state and ready for consideration. Artwork cannot receive a Design patent without its non-provisional application being formally approved by the USPTO.

How You Can Keep Costs Down

There are steps that design patent applicants can take in reducing the costs of filing a patent even before they make an appointment with a USPTO-registered patent attorney. Among these is to do much of the preliminary investigatory work yourself.

For instance, anyone can conduct a patent search through Google, by subscribing to services as JSTOR to access academic papers, and by haunting the nearest Patent and Trademark Depository Library (PTDL) to access their files and query on-site search experts on how to find what you are looking for. Patent searches can be tedious because they require repeated keyword searches of databases that store all patents dating back to 1790. For the ultimate self-conducted patent search, visit the USPTO Search Center in Alexandria, Va.

For advice on how to keep patent costs down and assistance in patent searches, seek out other artists, inventors, authors, and small business owners to pool intellectual resources and share advice and experiences that all can benefit from. There is a wide range of social media groups committed to aiding and abetting the efforts of independent artwork designers in bringing their ideas to fruition.

International Jewelry Patents

Jewelry designers who sell globally should consider international patent protection to prevent counterfeiting and unauthorized reproductions in different markets. Here’s how:

  • The Patent Cooperation Treaty (PCT): Allows designers to file a single international patent application covering multiple countries.
  • Country-Specific Patents: Some regions, like the European Union, allow for broader protection under a single application, while others require separate filings.
  • China’s Utility Model Patents: China offers utility model patents, which can be beneficial for protecting functional aspects of jewelry in this key manufacturing hub.

Ignoring international patents could result in significant losses if counterfeiters replicate and sell patented designs in overseas markets.

Frequently Asked Questions

1. Can I patent a jewelry design that has already been sold?

No, if a jewelry design has been publicly disclosed or sold for more than a year, it is generally ineligible for patent protection.

2. How long does it take to get a jewelry patent approved?

A design patent typically takes 12-18 months, while a utility patent can take 2-3 years, depending on the complexity and backlog at the USPTO.

3. How much does a jewelry patent cost?

Costs vary, but a design patent can range from $1,500 to $3,000, while a utility patent may cost between $5,000 and $15,000, including attorney fees.

4. What happens if someone copies my patented jewelry design?

If another party copies a patented design, the patent owner can send a cease-and-desist letter, negotiate a licensing agreement, or pursue legal action.

5. Do I need a lawyer to file a jewelry patent?

While not required, a patent attorney can help ensure that your application meets legal standards, improving the likelihood of approval.

If you need help with jewelry patents, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.