Q: Good day! I would like to ask if my idea is something that needs to be patented. I have made a flashcard of the alphabet

Each letter in the alphabet corresponds to an animal and an emotion as well. The illustration on the flashcard shows the emotion on that animal. Example: A is for Ape. Then in the flashcard, it depicts of an ape what is Anxious. B for bear. Then the bear in the picture is brave. C for cat and the cat in the picture is cheerful. May I know if this is something that can be patented? Thanks.

4 Lawyer Answers
Bill Hulsey
Bill Hulsey
PREMIUM
Answered
  • Intellectual Property Lawyer
  • Austin, TX

A: This may be a proper subject for a design patent.

Please watch the following YouTube:

https://www.youtube.com/watch?v=WZREm0_THVg

This may help.

Bill Hulsey

Marcos Garciaacosta agrees with this answer

Carl Massey Jr
Carl Massey Jr
PREMIUM
Answered
  • Intellectual Property Lawyer
  • Lewisville, NC

A: I don't necessarily agree with the design patent route. If you can show, or better if you have research that shows, increased retention with the additional association of the emotion matching the letter of the animal name AND can show that this is novel, you could potentially pursue a utility patent. If "utility" and "design" are not familiar to you, I'm sure you can find some helpful info on the web.

Marcos Garciaacosta agrees with this answer

Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Intellectual Property Lawyer
  • Mesa, AZ

A: You may have a series of options that you need to analyse with an attorney.

Stephen E. Zweig
Stephen E. Zweig
Answered
  • Intellectual Property Lawyer
  • Los Gatos, CA

A: I suspect that this will probably not be patentable. There is a printed matter exception for patents. Unless the printed material improves the functionality of the thing it is printed on; then the printed material gets no patent "credit."

Put alternatively, the USPTO examiner will ask the question, "is the only thing that distinguishes your flashcard from other flashcards the printed material?" If the answer is "no," then again, this is probably not patentable. The flashcard is already known, and the printed material gets no inventive credit.

Consider filing for a copyright on the flashcards.

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