Art and Design

Art and Design

The Third Great Revolution


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The Economist in a recent article has declared digital manufacturing a Third Industrial Revolution stating

The first began in Britain in the late 18th century with the mechanisation of the textile industry. In the following decades the use of machines to make things, instead of crafting them by hand, spread around the world. The second industrial revolution began in America in the early 20th century with the assembly line, which ushered in the era of mass production. As manufacturing goes digital, a third great change is now gathering pace. It will allow things to be made economically in much smaller numbers, more flexibly and with a much lower input of labour, thanks to new materials, completely new processes such as 3D printing, easy-to-use robots and new collaborative manufacturing services available online.

Why this is so important, and critical to understand is just how big all of this will be, how fast it is growing, and how educational institutions can help guide and grow this effort into a worldwide industrial phenomenon that is the ultimate in the democratization of manufacturing.  This industry will involve the individual in the manufacture of objects from start to finish, from desktop to mailbox. It is an industry that has broad applications, and exciting possibilities.  Take the current rise of China as a manufacturing power; this has the capacity to shift the balance of power.

While 3-D printing technology has been used primarily for creating prototypes, often referred to as the “one off,” the industry is swiftly moving through this phase and into broader territory that includes everything from making organs that wont be rejected  to artists and artisans being able to either create their work in a broader mass produced way or to have their designs available for download much as we use i-Tunes to download music, which is itself a radical, even revolutionary approach to object making.  By broadening the tool kit for the manufacturers of tomorrow, we need first to prepare the students of today for the next big revolution that is coming. Well, in truth, its already here.

I will say that at first all of this was difficult for me to swallow.  I am a maker of objects, and while I am by no means a purist, the idea that I merely design an object in a CAD or 3-D software program was a bigger leap than I was used to. What I realized, though, is that it has always been the shock of the new that has always turned our stomachs, that made each new development in art or manufacturing that at first was rejected due to its newness but soon was embraced by the majority in due time.  In discussing the concept of 3-D printing with my students those who find the idea difficult to swallow are those who find being able to make things with their hands and not being manufactured, to be of prime importance.  Surely this is not something that would be displaced, but will open a new avenue for artists to make some artwork and craft objects.  Consider how great it would be to take a design you find online for a pendant that you can have in your hands later tonight by simply going to your computer room to have it printed.

A Quick Overview

Digital modeling is the next big thing. It grew out of a rather novel idea that you could substitute thermal setting polymers for ink, add two more directions in which the printer head could move (backwards and up and down), and you could have a simple device that would go from printing on paper to creating objects one “layer” or “slice” at a time.  All of this emerged out of the shops and labs of engineers eager to try something new.

For years, 3-D printers were entirely home made affairs, and the industry as it grows still retains a high reliance of self reliance and innovation.  In fact, many people still do make their own printers from scratch.  Some printers are made to create the parts for more of their own kind, which includes rubber, plastic, and even metal parts such as Prusa Mendell’s open source community project that has produced the Rep Rap, a device that easily creates three dimensional objects using an affordable footprint.  When you think about it, the possibilities aren’t just exciting, they are revolutionary in scope.  This is because 3-D printing puts the power of manufacturing in the hands of anyone with a printer and the know-how to design objects in virtual space that will wind up existing in the real world.  It is possible for the person with the right set of skills to be a virtual manufacturing resource for business both large and small as well as a source to the community at large who are now snatching up work being produced in this way.

The ability not just to model three dimensional looking objects on a computer, but to output a three dimensional artifact has far reaching consequences. Digital modeling tools have exploded in recent years alongside new devices that make it possible to actually PRINT an ever-broadening array of objects in more and more materials.  This process is called rapid prototyping, or RT for short,  and it has gone from extruding using a printer head filled with a thermal setting plastic to include printing molds for casting, organs for the human body, and intricate jewelry out of silver, gold, platinum and bronze.  This technology can make shoes, sculpture, car parts, and glass objects.  What’s more, with a few of the right digital tools on your computer, you could design your own cell phone cover  or create a lampshade the same way you might buy a song on i-Tunes.  The other leg of this type of manufacting does not include printing but a subtractive process using a milling machine which makes possible a broad range of objects to be made that are beyond the current scope of 3-D printers.  You will be able to  browse furniture designs just as you might browse for real furniture online except you can go pick up your newly made furniture from a local CNC shop just around the corner, and all of this is courtesy of a form of rapid prototyping.  Its safe to say that rapid prototyping isn’t about making prototypes anymore, but stand alone products out of the material of choice, be it metals, ceramics, plastics, or wood. The concept of mass production is being changed by this technology which creates objects one at a time but with incredible flexibility to the customer who might want very specific changes or design elements (such as color, shape, size, or material choice) as part of the product.  Now, instead of having to depend on the whim of designers to create an object in the right color or pattern, customers can simply order a single object with the options built into these individual objects.  This turns traditional manufacturing on its head and blends old world crafting with modern technology.  From where I sit, I cannot see for the life of me why this model wouldn’t work.  But the idea is new in its present form, so it can sometimes be hard to see the future from such a place.

Christopher Mims at MIT Technology Review , isn’t convinced.  He has said that:

This isn’t just premature, it’s absurd. 3-D printing, like VR before it, is one of those technologies that suggest a trend of long and steep adoption driven by rapid advances on the systems we have now. And granted, some of what’s going on at present is pretty cool—whether it’s in rapid prototyping, solid-fuel rockets, bio-assembly or just giant plastic showpieces.

But the notion that 3-D printing will on any reasonable time scale become a “mature” technology that can reproduce all the goods on which we rely is to engage in a complete denial of the complexities of modern manufacturing, and, more to the point, the challenges of working with matter.

Every revolution has its detractors, but rapid prototyping shows no signs of slowing down.  Its catching on in large part because it is fueling a democratization in manufacturing.  Yes, you can steal a pattern in the digital realm and make your own batman toy, but so too can you have the opportunity  to have your design purchased numerous times by individuals who would like to print their own version of your sculpture or jewelry, for example, even though they are in Hong Kong while you work in, say, Newport, Virginia. If you have a sense of collaboration in you as a designer, being able to build flexibility into your designs may well provide customers the option of creating alterations that you, the artist or designer, might never have considered but that offer a new level of usability and value to your customer base.   The applications are broad, and the implications, for the arts, are huge.  Precisely how this will all play out is hard to predict.

Many small companies now utilize rapid prototyping as a way to get a design to market faster and more cheaply. A design company can print its own pattern or prototype and have their artist or digital designer make the object ready for manufacture in another country.  Eventually, even the need for the prototype may well evaporate as the technology develops so that a manufacturer can print their own object or create the mold from a digital file absent even having a physical prototype. This is already being done in the casting industry, and it is significant because it effectively removes a very large step in a process that is thousands of years old. For small companies, this is a boon because it means that one artist can do the work of an entire division, which keeps the small company more nimble and more able to compete against companies ten times their size.

The idea that this is all just a flash in the pan or absurd is short sighted in my view.  The industry continues to broaden and shows no signs of letting up.  It is now possible to scan objects using a 3-d laser scanner, input them into software programs and modify them with great ease.  This is an application that has been used extensively by the movie and gaming industry in a way that merges both traditional and cutting edge technology to speed up the process of creating objects.    George Lucas in his second to last movie in the Star Wars trilogy revealed how he decided on a given character for the part of Dax, a four-armed creature whom Obi-wan Kenobi went to for some advice.  Lucas had his modelers who were trained sculptors, to create a series of models out of a material called sculpey.   Once Lucas decided which model he wanted, it was scanned using a 3-d scanner, and it was from this model that they then animated the figure while using all of the scan data as the foundation for the creature.  Granted, this was a reverse method, but a method that relies on a range of techniques both new and old school.  From this scanned object, Lucas Arts would have been able to send the file to a manufacturer in China to have the figure made as a Star Wars figurine.  It could have also been printed using a rapid prototyping machine to any scale the printer was capable of producing.  This is a process that alos allows artists with no skill or knowledge in the digital modeling tools to create a model in the same way that Henry Moore did just a generation ago and have it scaled up to any size the foundry is capable of handling.  The only difference between what Henry Moore had done and what is happening today is that if the artist has access to a 3-d scanner, s/he does not even need to ship the model.  It can simply be sent via ftp to the server for the foundry and the file opened and work begun on creating the patterns necessary to begin making something that was five inches tall into a fifty foot tall sculpture.

How does a 3-D printer work, and who makes them? The 3-D printer has emerged very much out of labs with people who have been interesting in tinkering.  While you can purchase a growing number of these printers at very broad price points, many choose to make their own. Printers, though, are now available for the same price as a laser printer.  Prusa Mendell, whom I have been following for a while now has developed open source software and the plans for making your own rapid prototyping machine or 3-D printer called a Rep Rap.  These cost about $350.00 to build from scratch, all parts and circuit boards, nozzles, control arms, and all the rest. I like this model because of how it puts the power of building the unit and using yourself in your hands; it has the great benefit of having an operator who understands how everything works because they put it together.  This is a great teaching tool. A broad range of materials can be used in these printers, from plastics, corn starch-based polymers, metals, as well as ceramic!  Below I include a video of a printer called a RepMan.

Not everything in this realm is printed, necessarily, and to understand its broad applications and implications, one needs to understand the machines used to manufacture in this “one-off” world.

For example, one very practical application of this technology involves a device known as a CNC machine, which stands for computer numerical controlled router.  Imagine a spinning cutter head that is mounted to an arm, like a robotic arm you often see in commercials where cars are going down the assembly line and are being welded.  This arm has the capability to move along three axis’s: X, Y, and Z (height width and depth).  This cutter can take a block of foam, or wood, or just about any other material that the cutter can cut, and it will follow the digital file perfectly, sculpting the material based on the data in the file used to do the cutting.  In sculpture, this is currently being done at foundries.  An artist’s model or maquette is scanned using a 3-D laser scanner.  This is done by slowly turning the model until all points are scanned in.  It is then loaded and the file prepped and sent to the foundry. There, using the same type of CNC machine, the technicians  cut the model faithfully out of a block of monolithic foam. Thus, a model that is only inches tall can be easily scaled to any size that the foundry can accommodate.  From there, molds are made in a refractory material that can stand up to the temperatures of molten metal.

The process of this type of industry is not limited to an additive process, but it can be subtractive, just as in the case of the CNC machine.  A printer adds material while a CNC machine takes it away. Both are computer aided machines that are using the data output from a program that was used to generate a 3-d model of an object.  Thus, not all rapid prototyping is just from a printer.  With several different processes in its toolkit, the RP industry is set to explode.

The thing to bear in mind with all of this is that a lot of this has been driven by a very different approach and philosophy of how to make things.  What has driven this have been small entities, individuals who, instead of profiting on the sale of millions of widgets,  profit from the sale of a small device that can make millions of widgets.  There is also a very strong tide of what is called community projects infusing the industry.  A “community project” means Open Source computer software and the hardware driven by these systems where nothing is proprietary and anyone can make changes to the code and are free to change or improve code or hardware in order to make it more useful for their purposes.  This has led to an industry where a rapid prototyping machine can actually be used to make another of its kind and users share their changes openly amongst their peers online in the interest of benefiting everyone.  This is huge.  Its huge because of how it democratizes industry.  Think about it;  you download plans for a piece of furniture that you like and you send it to the CNC machine at CNC R Us and it cuts out your pieces for you.  This is in the next town, and perhaps in your own basement or at Kinkos (or something very much LIKE Kinkos). You pick them up and assemble them using instructions attached to the file you uploaded a few days before, or you can have the shop assemble it for you and have the piece delivered.  Studios and shops like this can just make what they sell instead of keeping inventory on hand.  You do not have to wait for the product to be in stores.  You don’t have to wait for it to be shipped to the store.  You also do not have to rely on the efficiency of scale to be any part of your business model. Your furniture is also made by a company in your own community and chances are the money you spend will thus stay in your own community. Or, if it is not in your own community, you have the choice of who to have your new bicycle manufactured by.

Because of how the process takes place, entirely new kinds of objects that were nearly impossible to make using traditional methods are now emerging.  This will have some exciting results as new materials are utilized in the manufacturing process.  Materials that were not practical to use for certain applications may now find new use with this technology. What exactly happens will largely be up to those in the industry to determine.  With every new development in a technology there are always some surprises and interesting turns that happen.  For example, I use a material in my furnaces  that allows me to have very thin insulating walls in the equipment in my glass studio.  This was made possible by the technology developed for the space shuttle program.  I also use glass in a decorative way in my glass work that was developed by a company that was a subcontractor to NASA that wanted to create a filter for its lunar rover camera to protect the film from full sunlight.  I also use mittens to place hot glass into kilns using a material that was used initially in space suits and in the cabins of the space capsules during the Apollo program.  It is not always easy to know exactly what a new technology is going to yield us as results, but it is always exciting and usually a little surprising.

So what does the future look like?  What new innovations might come about as a result of this type of technology?  I think its a safe bet that nanotechnology will have a dovetail into this method of manufacture since materials developed for nanotech are so finely ground that they would make excellent printing material.  It will also mean that new materials can be used to make objects with exceptional strength.  A bicycle frame can be printed from the inside out which means that it might be made from a honeycomb material which is light weight but very strong.  What purpose might we have for a ceramic object doped with a magnetic material capable of surviving firing?  Could this fuel a new industry of smart objects capable of interacting with the machines that drive them for increased efficiency?  Perhaps, too, new materials that did not lend themselves to traditional manufacturing methods might work perfectly with a 3-D printer.  In truth, its very hard to say as the developments will be contingent on those free thinkers who are able to come up with new applications for such a technology. This is why the cutting edge of this technology fits in so well in the university setting.  This could lead to our seeing e a 3-D printer that can make glass objects without an external power source other than the sun, running in the deserts of Egypt, or Mars, using nothing but the local sand and a flux admixture.  In truth, this has already happened.

Markus Kayser has developed a solar sintering device that allows this very scenario to unfold.  You can forward the video to the 1:30 mark if you would like since it has a slow introduction, but the result is nothing short of  revolutionary.

With new developments in technology we can often be caught straining to imagine what the uses could be for the new process or material.  Just  ten years ago the thought of using a body scan and a 3-D printer to recreate the structure of a kidney in three dimensions would have sounded like science fiction,but this is exactly what is unfolding right now in the field.

The better positioned that we are to prepare as well as capitalize on this new technology, the better able we will be in carving out a niche for this growing industry that is right on our back door step.  The first step is to begin here in our universities and technical schools to build the toolbox for our students for the next phase of an exciting and burgeoning industry.  Those who are trained in this new technology will be like those people who received the training on how to work with the computer revolution that began gaining steam in the mid 1980’s.  We all know how important that period has proven itself to be, and now we are standing at the edge of another revolution in technology again.

 

UPDATE: 5/1/2014.  For those who are interested in the many printer models currently available for purchase and assembly, this site may help to give you a rounded review of the field currently:  http://tobuya3dprinter.com/prusa-mendel-iteration-2-review/

Art and Design

The Art Of The Find


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The following is a list of found art artists that I am using for a lecture with my sculpture students at Radford University. If interested, feel free to look through some of the images for how we have developed the art of appropriation in the development of what art is.  All work is sculpture.  Enjoy!

—Parker Stafford

Marcel Duchamp invented the concept of the found object in art and was followed by other artists such as Man Ray’s sculpture “the gift” which was an iron with small nails down its face, a very simple way to render two objects of utility into a non-utilitarian object that expressed a different “use” in the world of humans…..

The object below, titled “Fountain” was more about Duchamp’s insistence that the locus of art is not in the gallery, or museum, or in the minds of jurors who “judge” artwork, but rather in the INTENT of the artist.  Since Duchamp entered this piece in a show that was advertised as not refusing any work entered into it, he did not put his name on the piece, but used “R. Mutt” instead. The piece was refused.  Duchamp stepped forward and explained it was art because he SAID it was art.  This was a powerful statement when you consider that for a very long time artists have been subject to an elitist social and political structure that liked to say what was good and not good, what WAS art and what was NOT art.  Once Duchamp came along and said those famous words, the world of art changed significantly.  Picasso and Braque followed suit along with a long long list of artists who have put the art of the “find” into their way of working.

“Fountain” by Marcel Duchamp

The idea was that it wasn’t the object that determined whether something was art or not, but rather it was the INTENT of the person to make art.  This opened the door to ordinary objects being used like collage had been used prior to this, in creating artwork.

“Bicycle” by Marcel Duchamp
Picasso “Bull”

Found object can be very immediate and simple. It can also be more complex, more worked, or fabricated, as following images will show…..

Anthony Heywood “Broken Family”

Note the pairing of two very different materials to create a new context and message: is creating an elephant out of consumer objects saying something about the impact of our society and activities on wild nature?  Is our consumption the “elephant in the room”?  Found object can often pair two very different types of objects (the found object and the object they are creating) to create a new synthesis of meaning, of visual relationships.

Brian Marshall
Doris Salcedo

 

Eduard Martinet

 

Jean Shin “Sound Wave”

Consider if this wave was made from different materials.  How would other objects change the message?

What if you made a heart made out of glass objects.  What would that say to the viewer.  Now take it another step forward and what if those glass objects were wine bottles? Would that suggest romance?  How about bottles of bourbon and cheap booze?  How would the use of those objects change the message?  What if you took ordinary glass objects that were indistinct in their association and had them encrusted in dirt? What would THAT convey? What if you made a heart out of lead?  A heart out of wood?  A heart out of plastic?  A heart out of crushed auto parts?  What associations would we have with each material?  How would those materials change how the image was read?  What if you found a valentine tin in the shape of a heart. What would that say?  What would it say if you took a rifle and shot holes through it and painted it black?  Or red?  Or plaid?  What if you covered it in wallpaper and shot holes in it?  Would that suggest some kind of domesticity or connection to home?  And what would THAT be saying to your viewer?  You see, ALL of these choices and options will impart a different narrative or suggestion to push your work into a given content area, imbuing it with a very different message one from the other.

Jud Turner “Wired”

 

Black and white cords?  Is our world all connected?  Is the result black and white?  What do you think the artist is saying here?

 

Tom Deininger “Shell Cigs”

 

Shell made of cigarettes.  Everyday object transformed into a pointalist object.

Tom Denininger “Self”

 

Leo Sewell

 

Sue Webster & Tom Noble
Donald Edwards “Scissors”
Jim Raven
Tracy Emin “My Bed” (Purchased by Satchii for 150,00 Euros)

 

Just the artist’s bed.  Controversial but the artist leaned on Duchamp’s concept of found object; it was her INTENT to make art that made this piece art.

 

Carolien Adriannsche

 

 

 

Robson “Auroro”

All plastic trash….look her up online…amazing work…

Video of Aurora talking about her work HERE.

Jamie Pitrarch “Cyclops”
Tadashi Kawamata

Youtube video of found object artist Matt Drysdale, Australia HERE.

 

Joseph Cornell

 

 

John Chamberlain

 

 

 

 

A video on the sculptor John Chamberlain HERE

Louise Nevelson

 

 

 

 

Lee Bonticou

 

 

 

 

 

 

 

 

 

Lee Bonticou today

 

 

 

 

 

 

Artist Unknown

 

Jud Turner “Copa”

 

Max Knight “Walking Bike”

 

“Flip Flop Monkey” Artist Not Known

 

 

Amanda Rae “Consumption”

What would have happened if shoe strings were used, or artificial eyeballs?  What if rocks were used?  How would each object give a different message?  How does pairing different objects to create a new message work?

Jud “Obey T.V.”

 

“Big Bang”

 

Terry Kreiter

 

Artist Not Known

 

Mathew Northridge “Pushpin Laserbeam”

 

 

 

Found Object Project “Cobra” Art204, Spring 2011

Art and Design

The Property Of Intellect


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Glass Design ©Parker Stafford

As artists and designers, our work is very visual.  A designer puts her work as a silk screen on T-shirts and sells them to make a living.  Someone comes out with a new shape to a shoe, a new configuration to a cabinet, a new look to a car, or a painting, rug, or sculpture.  Perhaps someone is making music and wants to protect their ideas.  How do we go about protecting what is rightfully ours?  In this age when images and products are either being appropriated outright or stolen quietly (something we call piracy), what safeguards are there for such new works that represent new thinking, new ideas, and the hard work of millions?

In the United States there are four main ways to protect your ideas and designs.

First, there are patents.  These fall into three broad categories:

  • Utility
  • Design
  • Plant Patents

Next are Trademarks  ® and Copyrights ©.  The final way to protect work is through trade secrets.  These will be discussed a little later in this blog entry.

Patents are registered with the U.S. patent office and are good for twenty years.  This allows the creator the time needed to profit from the idea before its being opened up to the broader market of makers and manufacturers and designers.  While it’s a protection, it is limited since the patent office’s other purpose is to help people retrieve information about expired patents so they may learn how to reproduce the idea.  One role the patent office serves is that of educator, helping to disseminate accurate information for those wishing to review older patent applications.

Utility patents are applied for to help protect useful processes, machines, manufactured articles, and compositions of matter. Some examples: medications, computer chips, and fiber optic cable.

Design patents guard the unauthorized use of new, original, and ornamental designs for articles of manufacture. How a shirt looks, the design of a piece of blown glass, pottery, furniture,  the design of a shoe, or even the characters in a children’s t.v. show can all be protected under a design patent.

Plant patents are the way we protect invented or discovered, asexually reproduced plant types. There has been an explosion of these lately with court rulings allowing companies to patent certain genes.  More traditional examples of this are Burpee seeds that are hybrids like the “Beefsteak” tomato.  All of these are protected under plant patents.

Trademarks are another form of intellectual property protection.  Examples of this type of protection would be the “swoosh” developed by Nike, and the shape of the Coke bottle.  These can be symbols, logos, words, or even sounds, that help to distinguish a company or its product in the public eye.  Unlike patents, trademarks can be renewed forever.

Copyrights protect works of authorship, such as writings, music, and works of art that have been tangibly expressed. The Library of Congress registers copyrights which last the life of the author plus 50 years. Movies, screen plays, and music are all examples of copyright protection.

Finally, there are trade secrets.  Some examples of these are the recipes for Coke and for Kentucky Fried Chicken.  These are not protections made by any government agency but by the business itself.

Since my area of interest is in art and design, I will be looking more closely at the Design Patent since it will in most cases be the one application that most artists and designers will be concerned with.

Glass Design ©Parker Stafford

The Design Patent Process.  There is a process for applying for a patent, and in order for the office to work with you certain basics have to be observed.  Before embarking on such an effort, it would be important to hire a patent attorney so that they may guide you in setting up the best protections built into your application.  While the patent office does not require legal representation, it’s always been advised that you do so.  The application begins with something called a “drawing disclosure” which is a set of drawings or photographs that describe in a complete manner all aspects of the design that are relevant.  A furniture designer would include all scale drawings for the manufacture of their drawers, pulls, how glass or panels are installed; essentially all aspects of he making of the object in order that these details can be plainly understood by the patent examiner to make sure that there is not a current patent that already exists that covers the same design. The patent office describes this part of the process in this way:

Of primary importance in a design patent application is the drawing disclosure, which illustrates the design being claimed. Unlike a utility application, where the “claim” describes the invention in a lengthy written explanation, the claim in a design patent application protects the overall visual appearance of the design, “described” in the drawings. It is essential that the applicant present a set of drawings (or photographs) of the highest quality which conform to the rules and standards which are reproduced in this guide. Changes to these drawings after the application has been filed, may introduce new matter which is not permitted by law (35 U.S.C. 132). It is in applicant’s best interest to ensure that the drawing disclosure is clear and complete prior to filing the application, since an incomplete or poorly prepared drawing may result in a fatally defective disclosure which cannot become a patent. It is recommended that applicant retain the services of a professional draftsperson who specializes in preparing design patent drawings. Examples of acceptable drawings and drawing disclosures are included in this Guide so that applicant will have some idea of what is required and can prepare the drawings accordingly.

In addition to the drawing disclosure, certain other information is necessary. While no specific format is required, it is strongly suggested that applicant follow the formats presented to ensure that the application is complete.

When a complete design patent application, along with the appropriate filing fee, is received by the Patent and Trademark Office, it is assigned an Application Number and a Filing Date. A “Filing Receipt” containing this information is sent to the applicant. The application is then assigned to an examiner. Applications are examined in order of their filing date.

The actual “examination” entails checking for compliance with formalities, ensuring completeness of the drawing disclosure, and a comparison of the claimed subject matter with the “prior art”. “Prior art” consists of issued patents and published materials. If the claimed subject matter is found to be patentable, the application will be “allowed” and instructions will be provided to applicant for completing the process to permit issuance as a patent.

There is an entire process for applications that are incomplete, or are denied or rejected for noncompliance to patent office standards.  Its a rather daunting task, but each step is there to make the process one where the patent officials can quickly and speedily process your application.

It’s important to know the requirements of a design patent over a utility patent.  The patent office distinguishes these two forms this way in their description of the two:

In general terms, a “utility patent” protects the way an article is used and works (35 U.S.C. 101), while a “design patent” protects the way an article looks (35 U.S.C. 171). Both design and utility patents may be obtained on an article if invention resides both in its utility and ornamental appearance. While utility and design patents afford legally separate protection, the utility and ornamentality of an article are not easily separable. Articles of manufacture may possess both functional and ornamental characteristics.

A design patent must be  comprised of those elements in the work (also called “The Art” in the application) that impact the appearance of the object or item being patented.  If the appearance of the object is secondary to its use or function, the application can be denied, so being able to differentiate how an object is used as opposed to those elements that serve to be of a decorative or artistic nature need to be well understood.  While a car may have an engine that has numerous patents applying to it, it is how the car looks that is served by its design patent. If a door handle on the car has a specific appearance that is not tied to its utility, then it can be  protected by a design patent.  The patent office also includes that anything that can be deemed offensive to any race, religion, sex, ethnic group or nationality, is not considered for design patents.  This provision certainly suggests a degree of interpretation, and this is where an experienced patent attorney can be of some assistance.

A design patent will contain the following elements as standard:

(1) Preamble, stating name of the applicant, title of the design, and a brief description of the nature and intended use of the article in which the design is embodied;
(2) Description of the figure(s) of the drawing;
(3) Feature description;
(4) A single claim;
(5) Drawings or photographs;
(6) Executed oath or declaration.

While it is beyond the scope of this blog to go into each of these elements, they are included in order that you can become familiar with those most basic portions of the process.  The fee for filing such an application depends on whether you or your company is of sufficient size to warrant a standard design application fee or the opportunity to have this fee reduced by half if you can prove that you are a small entity.  There is an application for this that has to be filed along with the application. At every step of the way, there are applications that must be made if you are going to, for example, include photographs as opposed to drawings.  These photographs have to be printed on the correct weight paper, and they each have to be identified in the proper way so they can be referenced accurately within the application!

For more information on the process and what is required you can go to the patent office website to find out more.  The link to the design patent location is here.

The fee schedule for all patent applications can be found here.  The cost for a patent search, which is just the portion of the application that makes sure there is no one else with the same kind of patent that is current is $60.00 for a small entity and double that for a larger entity.  The design patent examination itself currently costs $60.00 for a small entity, and again, is double that for a larger company.  There are other fees associated to the proper application for patent and it is a good idea to familiarize yourself with them and decide if patenting your idea is what you would like to do.

The single best way to keep fees down is to make sure that your application is completed with as few errors as possible.  If you have educated yourself and are willing to do the patent application on your own, taking the time to go through all of the requirements and making sure they all conform properly will save you headaches later on down the line.  It can also keep your patent application running smoothly through the patent office, cutting down on the time that it takes to process it.  Asking for a “rush” on your application, for example, will cost you in excess of $2,000.00.  Learning how to best prepare for a process such as this can save you later.  As a final word of caution, be careful about letting a company that helps people get patents.  It has been the experience of the patent office that while some are reputable, some are not.  Some may have a contract that serves to reduce, not enhance, your rights under the patent.  They might not take a fee, but instead have provisions that make them a defacto partner in the making and marketing of your design.  It’s always advisable to read the small print, and even then, better to hire a patent attorney who understands current law as it related to Intellectual Property (IP) issues.

For an up to date listing of attorneys in your area who are currently able to present patent applications to the Patent Office, go here. As you will see, you can view by state or by zip code.  The zip code list is the most up to date (its updated daily).  I would suggest getting references for these attorneys so that you can decide which one is right for you.  Having someone familiar with the design application as opposed to a utility application could result in fewer hang ups or problems later on down the line.

As a final little zinger and reminder about how important it is for the customer to be educated and prepared…..a number of years ago I was involved in work with a CPA who was part of a prestigious firm in my area.  His services were used for a number of basic tax and accounting issues.  When the business entity shifted gears and we chose to keep him on without my looking deeper into his credentials, we later suffered a big upset when he interpreted the law in such a way that it doubled our tax burden!  He was a well intended professional, but he was out of his league on this one issue, and it caused a great deal of problems until it was corrected. I had assumed he knew the law because even I knew how the law was interpreted by the vast majority of accountants in this area of expertise.  While it is not always possible for you to know ahead of time WHAT the law is, having already familiarized yourself with the basics can help YOU in choosing the person who will be right for the job. If you go into this process not knowing the right questions to ask, you could easily miss an important question to ask the person who will be serving you.  While you can make an argument for the professional needing to know his or her area of expertise, the bottom line is not doing so and having it result in a hang up is still a hang up or unpassed hurdle.  By being somewhat prepared, you can go into this process with eyes more open.  I hope that I have included some resources for you that will help you to familiarize yourself with the design patent process in your journey towards protecting your designs!

Prior to having a patent in place, having very good forms of documentation of the existence of your work  as a copyrighted entity can also be of some help.  Doing this though means sending yourself images of your work via certified mail and then keeping this envelope unopened and on file should any need to take action arise. Other forms of this could be printed materials with your designs clearly printed on them along with a date of some kind, establishing when you were making these.  While not as good as a patent, it can provide some measure of protection especially if you have a patent application pending or the case is a clear one involving stealing your designs.  Sadly, with the advent of optical scanners, someone can take a sculpture, scan it, and actually reproduce it using rapid prototyping technology.  While still developing, the technology already is causing some concern over intellectual property rights.  When I look on web sites and see so many images of others’ work being appropriated for a personal web site’s content, I have to wonder how far adrift we have gotten where we do not think about an image possibly being the work of another person, or seeking to provide attribution.  When I was in school, I could be kicked out for plagiarizing another’s work by not providing proper attribution!  Awareness is key, and then having the reverence to understand the work that went into making that item and NOT copying it but instead getting the artist to whom it belongs to provide you with their OWN work!

©Parker Stafford

Art and Design

Where The Heart of Design Resides


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It’s not often that the little guy gets a big break.  Artists often struggle to get their work to stand out, to be seen, to get a chance to rise to the top, to be known for what and who they are.  They are, after all, very small businesses.    In rural Southwest Virginia, that is exactly what one foundation has sought to do.  No compromises, no shortcomings, no disappointments, no big stuffy boards that oversee a project and have their OWN ideas about how the arts are best served, all without really understanding what’s really needed.  Someone was able to bring a vision to full fruition.  Now that vision needs everyone’s support to help push it forward in its search for becoming self-sufficient, and is one reason why this blog entry fits in so well with the purpose of this blog overall, which is to highlight great design wherever, and whenever it happens.

Over the last five years or so, there has been an initiative on the part of Todd Christianson to develop a “family” of organizations that will help bring the artist and artisan to the attention of a wider public.  By being the driving force behind this effort, he was able to garner the state money and grants needed to get this lofty concept off the ground.  He also brought into being several organizations that all help to serve cultural tourism in the region of Southwestern Virginia. These organizations include The Crooked Road, and ‘Round The Mountain (home to Heartwood Artisan Center). The former organization promotes the roots of country music in the region of Southwest Virginia by developing and promoting trails that lead to some of the best kept secrets of the music industry, and also some heavy hitters, too.  Who knew that you could travel back into time and find fiddlers gathering on porches and in barns to perform like they did way back in the day, untroubled by the hype and commercialism of modern capitalist attitudes that so often destroy and wreck a good old thing?  Not so in our neck of the woods; The Crooked Road has been met with fabulous success and has helped to push forward his efforts for ‘Round the Mountain.  People sign on and travel its windy roads to reach the homes of musicians now rising in popularity. Ralph Stanley himself is associated with this wonderful piece of culture and history, along with a host of up and coming musicians now making names for themselves.

At the heart of all of this lies the jewel in the crown of Southwestern Virginia culture;  Heartwood Artisan Center, which is located in Abingdon, Virginia.  Part of an ambitious 17 million dollar project, the Center sits along interstate I-81 in a town known for other great cultural institutions such as the Barter Theater.  The artisan center is a 30,000 square foot structure with a cool and regional theme that is an eclectic blend of sensibilities:  the building looks like a barn split down its middle with a silo to help add to the effect.  Very simply, it’s a remarkable building to be in.  It blends a feeling of the barn with a feeling of some of the most up to date technology.  All around there are kiosks with video monitors showing images of artists at work, musicians in concert, and pictures of the sweeping panorama’s that this region offers.  The floors have wood planking that were made locally.  The stone for the building was quarried just miles away. The entire building is stocked with the work of artisans from the 19 county region that the organization ‘Round The Mountain serves.  From inexpensive jewelry to locally made produce, music cd’s and a rocking chair that fetched over $4,000.00 for its maker there, there is something for everyone.  All artisans who have juried and have been accepted into the individual artisan trails that are part of the overall vision of “Round The Mountain, are able to exhibit at Heartwood.  Think of it as the outlet for all the artisan trails that the organization helped foster and build.  It’s a testament to collaboration and community that this facility was able to get off the ground in the way that it did.

photo courtesy of SpectrumDesign
photo courtesy of SpectrumDesign

The building, designed by local SpectrumDesign, the engineer and architect for the building project, has a number of other regional projects that show a similar sensitivity to the building and identity of the organizations and businesses that operate there.  It boasts a commercial kitchen for special events as well as an eatery all under one roof.  To get an idea for what the building looks like, a picture is worth a thousand words.  When you first see the structure, it’s so funky-cool that its exciting to actually approach and go inside.  Once inside, though, the view is open, airy, cathedral-like even.  It’s an inspiring and exciting space to be in for the interesting sense of design that draws on many different sensibilities yet never becomes maudlin or steeped in stereotypes.  This is an interesting space, no doubt about it, and its drawing visitors on a daily basis to see what all the fuss is about.  While there is a barnsy look, and while there is even a lofty look to the interior, you have to understand that a barn is a country cathedral.  If you think you know what a barn is like on the inside I ask you; have you ever been in  a barn so beautifully put together?  Below and to the left, you will see an example of how the architectural design has helped to bring about a fusion of many different sensibilities all under one roof.  This is remarkable.  Gifted with plenty of space, storage, meeting rooms, offices, kitchens and display space, this is a wonderful achievement.  The building is divided into two main wings with a central desk that serves to check out customers and guide visitors into the building.  There is room for a permanent exhibit that helps to tell the story of fine craft in this part of the country.  Beyond the main desk is an open area where visitors can rest, eat a meal from locally grown produce at their own eatery, and a second wing that hosts musical instruments, music cd’s of local musicians that are part of the Crooked Road.  While embracing the design sensibilities of fine craft, there is a broad range of work at the Center.

photo courtesy of SpectrumDesign

Towards the back, or is that the front?….  The building is so light and airy that its open all around to the outside, a feature that gives it a four corners effect.  But the space is soaring and open, rich and alive, cool and warm all at once.  The lighting in the photo to the left was made by a member of the Floyd County Artisan Trail of ‘Round The Mountain (RTM) Crenshaw Lighting.  With similar building techniques as employed in barns and even cathedrals, the resulting effect is inspiring.

photo courtesy of SpectrumDesign

Display areas are in the two wings of the building.  This one, near the front of the Center, includes some story boards that explain a little about the history and culture of the region.  There is a little something for everyone…from educational information, the opportunity to meet artisans during demonstration weekends, and listen to live music.  The displays are laid out so that its easy to move through the spaces.  It’s a great design and easy to navigate.  When design is both intuitive and well thought out, it creates an affirming and enjoyable experience for visitors.

photo courtesy of SpectrumDesign

The eatery, located more in the center of the building, provides those who are sitting down to have a bite, with a view of both wings, and the opportunity to consider where to go next.

For my money, this is a great facility.  It’s a great home for the regional artisans.  It helps to bring their work to the public in a high-profile way.  It finally honors the role that the arts play in our community.  In the town of Blacksburg, which is a few hours west, the local University has been busy building an arts center.  It turns out that this center will allow for programming to take place, but no room for artists, no consideration for their work or workshops. Its been the result of a very real disconnect between a very corporate kind of entity (albeit a state-run one) and the community it is supposed to serve.   I contacted its director and asked what I had to do to locate my studio in their facility.  There was never any consideration for such a thing.  My calls were never answered.  I wasn’t worth the time, or consideration, or perhaps it wasn’t something that occurred to its board which oversaw the conceptualization of the project. Its okay, though, because the arts begin at home, and whooo what a home RTM has made for itself and for the artists that they serve!  This is an example of how big business can serve the little guy and gal, celebrating our culture, boosting cultural tourism, as well as the business of every artisan associated with it!

photo courtesy of SpectrumDesign

For more information on ‘Round the Mountain, The Crooked Road, Heartwood Artisan Center and the people who make it happen, you can visit these sites for additional information:

For a story about Heartwood and its recent opening, see this article (which also has a picture of a piece of glass made by yours truly). It includes an interview with Todd Christianson and other artisans.

If you who would like to learn more about the artisan trails that are part of this regional effort and the opportunities they offer to visitors all across our region, go here.

Support your local artist, artisan, and designer; its all local and made in America!

Parker Stafford