Novel ideas from those that have tried
As we get close to wrapping up another year, many people have been putting up their Christmas trees, real or artificial. So, it seems like the right time to look at the “intellectual property” issues related to that symbol of Christmas. With that in mind, the term “Christmas tree” was used for searches of various Australian IP registers and here are some of the findings.
A search of the Australian patents register revealed 49 results. However, some of those have to be ignored as the inventions are not related to the humble pine tree as we know it, but rather subsea Christmas trees. A subsea Christmas tree is an assembly of valves, casing spools and fittings used to regulate the flow of oil or gas in pipes in, for example, oil wells. They are called Christmas trees because they can, with a bit of imagination, resemble a tree with decorations on it.
Turning back to the more traditional Christmas tree, where artificial trees are concerned, patent applications have been filed to address problems including those relating to the assembly, installation and removal of the tree and also how to give a synthetic tree a scent.
The most recently published Australia application relates to a method for assembling a tall Christmas tree where ladders or even cherry pickers would need to be used to decorate the tree. The invention is for an artificial tree that includes a hoist adapted to move one or more of the frame sections of the tree in a longitudinal direction of the tree frame. Think being able to decorate the tree at your level, and then have the hoist move the relevant section up into place.
Perhaps a bit more fun and useful to individuals was the idea of a Christmas tree that could be assembled as a coffee table for 48 weeks of the year and then reassembled as a Christmas tree for the four weeks of the holiday period. Unfortunately for those living in small spaces the product never seems to have been commercialised, and the application was allowed to lapse.
In 2015, Phillip Lewis filed a patent application titled “The Ultimate Christmas Tree Stand”. That application also lapsed and there are no publicly available documents concerning the invention. However, there is a hint about what the invention might have done as in May 2013, Lewis registered “The Ultimate Christmas Tree Stand for A St[r]aight Pine Every time” as a trade mark in class 28 for Christmas tree stands. In fact, there are 19 registered trade marks that are or include the words “Christmas Tree” which include everything from ropes to nuclear power plants for naval ships!
A search of the Australian designs register of “Christmas Tree” revealed 30 results for the shapes of trees and also stands. While some have been registered in the past, none remain registered at this point in time. For future Christmas Tree inventors this fact could pose more questions than answers.
So to answer the initial question, yes you can try and patent a Christmas Tree if you have a novel and inventive idea to improve upon those versions that have gone before.
As you celebrate under your tree, whether it be real or with a design improvement, Wrays wishes you a happy and safe holiday season.
