U.S. Patent No. D822,384 S1 (‘384) issued on July 10, 2018, for “Christmas Tree Storage Bag.” It was issued to inventor/applicant Jamie Limber of Phoenix, Arizona. 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 storage bag, including the handle, clasping mechanism, and chord. The tree, which can be seen from the inside of the bag since it is transparent, is not a protected feature of the design.
Figure 1 below illustrates the ornamental features of the storage bag.
Under 35 U.S.C. §173, the ‘384 patent, like all design patents, has a patent term of 15 years, and expires on July 10, 2033 (MPEP 1505).
The Cooperative Patent Classifications are A45C (purses, luggage, hand carried bags); A47G (household or table equipment); B65D (containers for storage or transport of articles or materials, e.g., bags, barrels, bottles, boxes, cans, cartons, crates, drums, jars, tanks, hoppers, forwarding containers, accessories, closures, or fittings therefor); and A47C (chairs, sofas, beds).
Although not the most novel of inventions, it does signify that the novelty requirement for patents is not insurmountable. Additionally, although the stated use is for storage of Christmas trees, it in practice does not limit its application to only Christmas trees – it could be used to store other items of bulky and inconsistent size and shape, which would mean it would be a particularly good prior art reference for purposes of the nonobviousness requirement (35 U.S.C. §103). Please contact Yonaxis for more information on patent processes if you have any questions.
Merry Christmas!