Showing posts with label patent and trademark. Show all posts
Showing posts with label patent and trademark. Show all posts

Friday, May 5, 2023

Weeding

How familiar are you with weeding? I don't mean pulling unwanted plants from a garden, but rather removing books from a library collection.

Most of the population is pretty unfamiliar with weeding in librarianship. It isn't uncommon to first encounter weeding when someone finds the product--a pile of books in a bin--and is immediately horrified by libraries and librarians getting rid of them. It's unfortunate that they enter at that point, and aren't exposed to the beginning. Every librarian understands weeding is essential, and most will engage in weeding throughout their career. We even share our interesting finds on social media (#AdventuresInWeeding #WeedingWednesday) with each other.

A library cart showing stacks of books to be evaluated (top) and to be removed (lower two levels)
Books to be evaluated (top) and to be removed (lower two levels)

The point of weeding is to remove outdated material so it can be replaced with newer, more accurate versions. Information changes as we learn more and society evolves. 

People rarely question the need for discards and updates in other industries. No one wants to rent a VHS or laser disc or even DVDs from Netflix; a dwelling that relied on a fireplace for heating and an icebox for food storage is undesirable.

Even in a specialized library service area like the PTRC, we have to weed our collections, so I thought it would be useful to share some of the process and explain why it's beneficial. After all, there will be a large number of disposed PTRC materials in the near future, so any public outcry can be directed here.

For those who may be unfamiliar, there was an enormous change in US patent law in 2011. So much of the previous system was overhauled that just about anything covering US patents published pre-2011 is now completely irrelevant. Unfortunately, that means almost everything about patents in our collection from before 2011 is also irrelevant. So far, I've removed all of the patent-focused books for evaluation; most will be discarded. Exceptions are patent case law series, books on the history of patents, and those concerned with patents abroad. 

A library cart with a row of the evaluated materials we are keeping
Some of the evaluated materials we are keeping

It's also been a shock to learn how many books on software and domain development and protection we have from the 1990s and early 2000s. Just like the patent legal landscape has completely transformed, so has software technology and the internet. Even if copyright laws remained the same (and they most certainly do not), those books would still be completely out of touch. 

A third category of materials has been obsolesced within the past year: patent searching manuals. Materials published after 2011 are also mostly inaccurate, too, because the USPTO released a new search tool in early 2022 and discontinued its predecessors later that year. Fortunately, this is a much smaller set.

Library shelves showing large gaps without books or materials
New gaps in our shelves

After taking the three above factors into consideration, most of those books still need evaluating. Do they have any relevant information that makes them worth keeping? Are there newer editions in our section or the larger Fondren collection? Does a newer edition exist that can easily replace it?
Library shelves showing large gaps without books or materials
More shelf gaps that will likely grow larger

Then, we have to consider if the materials slated for discard without new editions need some kind of replacement. Some don't need updates, like guides to filing patent or trademark applications online; the only way to apply is online. Personal experience-based guides, academic monographs, and industry/professional association booklets offer valuable information, but require review. 

Come visit our refreshed PTRC collection in the next few weeks. Until then, chances are you will find me in the stacks a couple times a day, as I cart books back and forth to my office.

Thursday, March 24, 2022

Intersecting Plant Patents and Trademarks

 

One of my primary hobbies is planning and working in my garden. One of my first decisions was to plant azaleas; I needed color and it feels like my civic duty as a Houstonianto have at least one. After researching my options, I selected Encore® Autumn Sunset™.

While I was working on my plant patent display (see last week’s blog post), I was both surprised and perplexed by lists of unrecognizable, unmarketable plant cultivar names in the Patent Full-Text and Image database (PatFT). I thought I should see more familiar names. If you’ve ever visited an aboretum or done some landscaping, you’ve likely noticed fun, playful plant names related to memorable characteristics and perhaps understand my confusion.

I expected to find Encore® azaleas instead of unrecognizable character strings (Image 1). No plant nursery or home improvement store I know carries ‘MNIHAR09’ azaleas. The same goes for crape myrtles; this fall, I purchased one called Dynamite® that I knew was patented. 

Azalea cultivars in PatFT
1. Azalea cultivars in the PatFT
  
Among the display’s patented plants, who ever heard of a ‘Whit III’ crape myrtle?

I also spent time scrolling through strawberry patents. (No joke: I bought a strawberry plant and wanted to find its patent.) While I’ve certianly seen Driscoll’s® berries in stores, and I’ve seen some given fanciful names (Image 2), never have those names included anything like ‘DrisStrawEighty’ (Image 3). I felt like I stepped into a parallel plant universe!

Strawberry names from https://www.careersatdriscolls.com/driscolls/berries/

2. Strawberry names, https://www.careersatdriscolls.com/driscolls/berries/, accessed 3/22/2022


 
A list of unrecognizable strawberry names
3. Unrecognizable strawberry names

 

And finally, I noticed that many of the patented plants given creative names tended to be from smaller nurseries, individuals, or older patents (Image 4). Why would those likely to have the strongest, most up-to-date marketing strategies neglect an obvious way to build recognition?

Older strawberry patent names
4. Older strawberry patent names

 

You may already have figured out what puzzled me for so many days, maybe due to the proper plant names’ crediting.

What I hadn’t noticed were the registered ® and trademark ™ symbols. I don’t know if it is because they’ve become so ubiquitous in commercial zones that I ignore them, but only towards the display’s completion did I finally take note.

It happened when I searched the Internet for more pictures of tentatively identified campus plants. I looked up the ‘Whit III’ crape myrtle. Everything clicked into place when a result identified ‘Whit III’ as Pink Velour®. Of course companies created different marketing names to trademark or register!

Think about it: plant patents are protected only 20 years from the filing date. Trademarks can be renewed as long as the mark continues to represent the goods or services originally indicated and remains in commerce. So ‘Whit III’ isn’t protected today by its patent filed in 1998. But the Pink Velour® crape myrtle has a protected word mark name, and widespread industry recognition. Someone may manage to breed a Pink Velour® crape myrtle, but could never market it with that recognizable name.

I've also learned more about the difference between patented and trademarked plant names since I first posted this entry, from University of Tennessee's Department of Plant Sciences "A Green Industry Guide to Plant Patents and Other Intellectual Property Rights". There is a very delicate balance required to keep a plant's trademarked name; if it becomes known as the common name of a plant, a name may lose its status!   

Visit the Trademark Status & Document Retrieval (TSDR) site for PINK VELOUR® here.

See the TSDR sites for ENCORE® and ENCORE AZALEA® while you’re at it! 

 

DISCLAIMER: References to particular products, patents, trademarks, service marks, services, companies and/or organizations in this post are for illustrative or educational purposes only and do not constitute or imply endorsement by the Kelley Center, Fondren Library, Rice University or any of its affiliates.