Every summer, one of my favorite things to do is attend fireworks displays. This year, I visited two fireworks displays and thoroughly enjoyed the spectacular fireworks lighting up the night sky. In addition to the colorful fireworks shown in the photo, creative fireworks shaped like hearts and flowers were also launched, and the crowd was absolutely thrilled.
As I watched the fireworks, my professional background naturally led me to wonder about their relationship to intellectual property. This reminded me of the debate over whether “fireworks that bloom in the sky” can be registered as designs. This topic was actually included in the year 2010 Patent Attorney Examination (short-answer section), so many of you may already be familiar with it.
The Design Act is a system that protects the designs of articles, buildings, or images. However, fireworks themselves—which appear in the night sky for only an instant before vanishing—are intangible objects that lack a fixed shape and therefore do not qualify as “articles” protected under the Design Act. Consequently, no matter how beautiful, novel, or original the fireworks may be, the display itself as it spreads across the sky cannot be registered as a design.
On the other hand, items (products) that have a specific shape—such as fireworks shells (registration example: Launch fireworks flying exodermis) or launchers—may be eligible for design registration. Furthermore, if there are technical innovations in the structure of the fireworks shells or launchers, or in the launch methods, they may also be protected by patents.
We often look up at fireworks without giving them a second thought, but behind their beauty lies advanced technology and ingenuity. Next year, as I enjoy the fireworks displays, I hope to view them from an intellectual property perspective as well (Hiro).
