Let it snow! Burton Patents

To say that the winter of 2014 as been harsh would be an understatement. In the North-East and West, snow totals are approaching historic levels. Even as I type, another monster storm is gathering to dump feet of snow on an area stretching from upstate NY to Maine.

If there are any winners in intense snowy winter, it is ski resorts. Resorts, it is obvious to state, can't function without skiers and snowboarders.  One of the premier outfits in snowboarding Burton is, aside from a trendsetter in slope apparel and design, a prolific patentee.

According to the patent databases, Burton has more than 100 issued patents and pending application in the US.  An appreciable number of these patents are directed to function features, such as the spring leaf modified glide board design seen above.  Other patents address the continuous problem of lacing your boots. For example patent 8418381, describes a lacing system for boots.

One of the features that drives sales in the apparel / sporting goods space is the relentless need to innovate and produce new and improved models. In that respect, the Tech space and the sports retail space are not significantly different.   The ability to patent these advancements, however incremental, mean increased sales and wide recognition as an innovator.

Not every patenable idea is a commercial success, nor should it. A large purpose behind the patent system is to allow companies and individuals to iterate over known ideas to get new ideas. Sometime, the iteration is not worth the added expense. Sometimes the iteration was the last piece of some overall systems puzzle that advances the art, and becomes the basis of new paradigm in the industry.

Burton made a large push for the integrated boot binding combination. Had it taken off, it would have changed the technological direction of the industry. At the end of the day, in 2014 at least, that technology is a side show to the more simplistic boot binding system employed by Burton and other board manufacturers.

The point is that you never know which ideas might strike and catch fire, and which ideas whither on the vine. If you wait until you are successful to patent those ideas, it is already too late.


Jordan Garner

Steampunk, Patents & IBM

Steampunk as a genera was set to explode in 2013.  For those who don't know the difference between steampunk, cyberpunk and retro-future, let me provide this definition. A common definition could be provided as a sci-fi / fantasy sub-genre based around Gothic machinery and the industrialized civilization of the 19th Century. However, it should be noted that the definition of Steampunk differs from adherent to adherent. The common elements are a heavy influence by the works of Jules Verne, the inventions of Nikola Tesla and Victorian fashion. The genera adheres a retro-futuristic style that puts critical emphasis on ascetics, at times to the detriment of function.

According to IBM (a retro-futuristic enterprise if there were one) Steampunk was set to evolve into a cultural meme, jumping cultural domains like some sort of mechanical fish. IBM came to that conclusion through the use of its sentiment analysis system which scans social media for "chatter". In this case, the chatter said that Steampunk is set to explode. This "steam explosion" will see the transition from "high-cost" low volume Steampunk inspired devices to mass market production. See there analysis here. 

Naturally giddy at the prospect of this explosion in felt hats and brass goggles, I fired up my ISPDR Terminal (More on this another time) and went looking for Steampunk patents. 

Unfortunately, the only issued patent that felt "Steampunk-y" is the above illustrated "gear-heart" pendant. U.S.P. 666116.  Some additional patent applications were directed to video games having a Steampunk feel, but no additional physical device. No giant steam powered spider-automaton diagrams, no difference engines powered by AEther. Just some odd electrode wielding walking sticks and some flogs. 

Of course, it is possible that all of the really fancy jewelry is being copyrighted and not design patented.  However, if you thought your designs were going to go mass market, and you were working in a genera as unique and ascetically diverse as Steampunk, why wouldn't you seek design patent protection.  

The general take away should be about focusing your development efforts to conform to some 10,000 foot analysis, as opposed to developing and IP portfolio which serves current business needs. Clearly, those high-cost low volume manufacturers are not having a problem with rampant infringement. Otherwise they would have masses of patents and pending applications. 

Chatter about trends, technologies, or concepts are just that, chatter. Even with powerful computer analysis it is difficult to determine the direction of technology and style. Therefore, you never know what ideas and technology might take off tomorrow. This makes it difficult to justify the costs associated with IP protection. However, the opposite is true too. One well placed patent might control the market, or a genera. A balanced IP portfolio strategy, based on real world feedback, is always the right style. 

Jordan Garner