The Piggy v. Puppy Case

Eoina Nudelman is a Russian-born artist who makes a living illustrating children's books and designing toys. In Chicago three years ago, Artist Nudelman designed a little toy pig that would cling to a cereal bowl, "eat" anything fed to it, and then inconspicuously drop its food back into the bowl. Entranced by Nudelman's gadget, Chicago's Topic Toys sent "Hungry Piggy" off to market and got a patent. But soon the pig had unwanted company.

The newcomer was a similar animal (also patented) called Puppy Tu (because he eats with you) put out by Chicago's Crest Specialty Co. Crying patent infringement, Topic Toys brought suit against Crest Specialty--and won. But Crest fought the case all the way up to the Supreme Court. Last week, the court reversed the judgment, held that neither Piggy nor Puppy could be patented. In so ruling, it referred to another decision which blasted the U.S. Patent Office for patenting a host of thingumabobs that add nothing "to the sum of useful knowledge." Among them: an oval toilet paper roll to facilitate tearing off the sheets; elastic gussets for corsets; a device for stamping initials on a plug of tobacco.

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