Nalu Music

Definition of a Design

design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation. A design for surface ornamentation is inseparable from the article to which it is applied and cannot exist alone. It must be a definite pattern of surface ornamentation, applied to an article of manufacture.

The Patent Law provides for the granting of design patents to any person who has invented any new, original and ornamental design for an article of manufacture. A design patent protects only the appearance of the article and not its structural or utilitarian features.

The earliest design patent with ukulele overtones is that of Edward N. Guckert of Toledo, OH. Known now for his Union Music Co. chord book publications (The Original Guckert’s Chords at Sight) that were widely distributed by Lyon & Healy and Sears, Roebuck & Co., Guckert applied for a patent on his banjo ukulele in 1922. Despite the USPTO guidelines for design patents, Guckert’s “stringed musical instrument” seems to have had a utilitarian purpose: the cutaway head would have rested neatly on the players thigh. Patent No. 62,235 was granted April 24, 1923.

Paul Arthur’s 1927 application, assigned to Lyon & Healy, was apparently the inspiration for the Shrine model ukulele. Although the patent application was for a banjo, the same design elements were clearly used in the manufacture of the ukulele. Patent No. 74,133 was granted Dec. 27, 1927.

Arguably the most renowned ukulele patent is that of Samuel K. Kamaka. Known as the “pineapple” ukulele, patent was applied for in 1927. The patent gave Kamaka the exclusive right to produce the oval shaped instruments as well as the kitschy pineapple skin body decoration for a period of 14 years. A true icon of ukulele design, Kamaka Ukulele, Inc. of Honolulu continues to manufacture the pineapple ukulele today. Patent No. 74,178 was granted Jan. 3, 1928.

One of the more fantastic banjo ukulele designs is that of Harold A. Petterson, an American living in Tientsin, China. Patent was applied for in 1927. Petterson’s ukulele owes much to the Japanese shamisen for its inspiration, from the peghead and lateral tuning pegs to the exotic skin head stretched across the body. Petterson’s creation is shown here being stroked by Paramount starlet, Mary Brian (from the collection of Geoff Rezek). Patent No. 74,317 was granted Jan. 24, 1928.

Definition of a Utility Patent

ssued for the invention of a new and useful process, machine, manufacture, or composition of matter, or a new and useful improvement thereof, it generally permits its owner to exclude others from making, using, or selling the invention for a period of up to twenty years from the date of patent application filing. Also referred to as “patents for invention.”

Ukulele Utility Patents

Walter I. Kirk of Chicago applied for patent of a soundhole reinforcement in 1921. The invention provided “a novel and improved reinforcing annulus or similarly shaped element for disposition in the opening about the edges [of the soundhole], this annulus being composed of some readily expansible and contractible substance, such as celluloid”. Instruments with these specifications were produced by Lyon & Healy under the Washburn label and were stamped “Pat. Apld For”. Patent No. 1,559,108 was granted Oct. 27, 1925.

An unorthodox capo tasto for the ukulele, with apparent design shortcomings. Would you screw one of these on your 5K? Patent No. 1,616,859 was granted on Feb. 8, 1927.

Edward P. Norwood claimed his invention was “a new and distinctive design which combines the characterisitcs of the guitar or ukulele with their sonorous melodious tones derived fom the wooden body, with the characteristics of the banjo with its brighter and more vigourous tones. Patent No. 1,642,126 was granted on Sept. 13, 1927.

Frank Kordick’s tuning attachment is perhaps a classic example of the cure being worse than the disease. Patent No. 1,697,508 was granted on Jan. 1, 1929 and assigned to the Regal Musical Instrument Co. of Chicago.

The “Teaching Ukelele” of J. Chalmers Doane was intended to be an instrument of “simple yet sturdy construction” which produced a superior tone, was easy to hold and play, and would stay in tune for long periods of time. Patent No. 4,041,830 was granted Aug. 16, 1977.