Yuletide Patents: Reconstruction to the Long Depression (1860's to 1900's)

One of the reasons that I find IP Law so fascinating is the depth and breadth history that patent records provide.  Patents provide an alternative, focused history into the mindset of inventors and designers. Problem solvers and money makers have used the patent system for hundreds of years to disclose to the world their version of a better mousetrap. The patent office is a near perfect record of the changes that have taken place in design, manufacturing and technology.

This is the start of a series looking at holiday patents through the years.A trip through the patent office records will find patents on various weapons, vehicles, rocket ships and toys. The diligent observer will also find technologies directed to freeing man from the onerous chores that have plagued the human condition since time immemorial.

Of course, one of the plagues beset  heavily on the shoulders of mankind is Christmas decorations. Untold families have been torn asunder by arguments concerning the de-tangling of lights, proper Christmas tree display orientation angles and proper ornament positioning.

The following patents show that the issues around Christmas, the quest for easier decorations, for simpler trees, for time saving autonomous devices, has changed little in the last 150 years.


The featured patent at the top of the post is the earliest patent I could find which used the term Christmas.  Patent No. 18,238 was filed in 1868; and concerns a design patent on a particular figure for a Christmas tree ornament.

Slightly more recent, from 1881, Patent No. 237,026 describes a paper Christmas Tree decoration. As industry and commerce stalled during the Long Depression, the inventor, Mr. Kanuff probably hoped that his Christmas decorations would help life spirits as well the balance of his bank account.











Of course, nothing goes better with paper draped over a wooden, rapidly drying, vertical piece of kindling than an open flame. This is why Mr. Schroeder's idea, patented in 1903, for a "Candle holders for Christmas Trees" was likely a big hit.
















Possibly as a result of uncontrollable fires resulting from placing candles in Christmas tress, enterprising inventors sought to do away with the tawdry notion of an actual tree. Why fell a potential hazard when you can construct a safe tree with the tools of science. For example patent 255,902 describes an "Imitation Christmas tree"













Of course, no Yuletide celebration would be complete without the accompaniment of music. The modern era is complete with Ipads and Spotifys, belting out the latest Christmas versions of your favorite artists.

 Engineers of the later 19th Century had solved the problem of stored music, a perfect accompaniment to the roaring fire which is quickly engulfing your candle lit Christmas tree.

Reed Organs had been around for some time. However Mr. Metzger found useful improvements in the art of delivering canned Christmas music. All the elements are there of the modern electronic system of music. A recordable medium, a software instruction set, and a hardware amplification device.






Patent Office records provide a wonderful source of inspiration for designers and inventors. The technology illustrated in these patents still exists, only in more refined forms. Anyone who loves graphic or industrial design owes it to themselves to take a trip through the patent office records.

Jordan Garner

Monetization of IP : This bearded, vegetarian hipster made about 600k this year for doing nothing.

This hipster musician, otherwise known as Paul McCartney, makes tons of money every year.  At last count, he makes something like 35 Million dollars a year.

Now, to complicated financial wizards sitting at a prop trading desk, that might not seam like a large sum. However, taken over the course of this Beatles's 4 decade career, it adds up to a net worth somewhere in the 800 million dollar range.

Some portion of that income comes from touring. However, a large portion of his income comes from royalties from his later Beatles, solo endeavors and Wings catalog.   McCartney is one of the most prolific songwriters of his generation, with a number of songs he has written hitting the tops of the Billboard Charts.  One of those songs you might be listing to right now. It is called "Wonderful Christmastime."

Paul is careful to retain rights in all of the work he produces. This is a by-product of being burned by his early record company EMI, which paid the Beatles a penny an album. They still got rich, but nowhere near the level they should have.

To salt the wound, EMI would eventually sell the royalty rights to the Beatles' early hits to a Sony / Michael Jackson joint venture (the catalog included  4000 other songs including hits by Bob Dylan and was bought for 47 Million dollars in the 1980's. - it was sold by Michael Jackson prior to his death for 375 Million). 

This experience, getting sharked by EMI, is probably why when McCartney came up with the idea for "Wonderful Christmastime", he retained both writing and preforming rights. As such, when a royalty check does come in, it goes straight into the no-pig based bank. By current estimates the continuous playing of "Wonderful Christmas Time" nets Paul about 600k a year, every year, since 1979.

Since Copyright in the US is Life plus 70 years, Paul's children will be having a wonderful Christmas time for the remainder of their lives.

Every so often, I meet someone who argues with me about the value of Copyright protection or the necessity to spell out with clarity who owns the rights in a particular literary or artistic endeavor. Usually they argue that the potential benefit is minuscule relative to the cost and expense of hiring someone knowledgeable to handle the matter. Alternatively, people argue that the potential awkwardness of having that conversation with band mates or collaborators is not worth the effort.  99 times out of a hundred, these people are not completely off base. Unfortunately, most copyrighted material is not worth much to anyone other than the creator.
However, it is that one-off, that one in a million occurrence which makes the entire process worth it.

No one wants to be an Ex-Beatle hawking Christmas jingles because they got hosed on their first record deal. Well, no one except Ringo.