U.S. Patent No. D814,846 S1 (‘846) issued on April 10, 2018, for “Rotisserie Turkey Deep Fryer.” It was issued to inventors James A. Hedrington of Chippewa Falls, Wisconsin and Michael R. Berge of Eau Claire, Wisconsin. The applicant/assignee is National Presto Industries, Inc., a public kitchen appliance manufacturer. This patent is a design patent under 35 U.S.C. §171, which protects the ornamental features of an article of manufacture. The features cover the full design of the fryer mechanism, including the vessel for the oil, locking mechanism, and lid. The electrical outlet is not protected as part of the claimed design. Because a design patent only protects the aesthetic elements of a utilitarian item, the process of cooking a turkey in a rotisserie fryer is not claimed by this particular patent. (It would otherwise be protectible as a utility patent.)
Figure 1 below illustrates the ornamental
features of the rotisserie fryer.
Under 35 U.S.C. §173, the ‘846 patent, like all design patents, has a patent term of 15 years, and expires on Apil 10, 2033 (MPEP 1505).
The U.S. Patent Classification is D7 (equipment for preparing or serving food or drink not elsewhere specified. Specific subclasses include 323 (warming or cooking), 354 (vessel for pot or pan for cooking), 355 (integral spaced heat source), 356 (superposed vessels), 357 (plural cooking cell or compartment), 358 (pressure cooker), 359 (textured irregular or convex cooking surface), 360 (plural grip or provision therefor), and 361 (singular handle or provision therefor).
This is example of what can be protected as a design patent, which currently is about 10% of all patents issued by the USPTO. This number, however, is growing as more of American businesses begin to see the benefits of protecting ornamental features of articles of manufacture. Please contact Yonaxis for more information on patent processes if you have any questions.
Happy Thanksgiving!