Can You Patent Clothing Design

Clothing companies may patent unique designs so that other companies can t imitate it.

Can you patent clothing design.

Design patents are also potentially available if a clothing design is a new and non obvious and provides some sort of novel utility. Varsity brands stating that copyright affords no right to prohibit any person from manufacturing clothing of identical shape cut and dimensions but again that doesn t mean there aren t other avenues you can pursue. The short answer is yes you can patent clothing using a design patent or utility patent. When a person holds the rights to a design patent he or she can license or sell those rights to a clothing company.

It s also possible to copyright the fabric print you. All clothing designs are immediately protected by a copyright however any small change and it is a new design. It is rare that a piece of clothing can be patented. Clothing can be patented.

Rights to creative license and enrichment gained from a clothing line are automatically assigned to the creator of the original creation or concept in the form of copyright yet trademark is a registration of those rights in the form of a patented name logo or slogan. Clothing companies will often patent a unique design to prevent other companies from imitating it. This is because you are claiming invention of the unique look of the clothing and not the clothing itself. That said you should know the difference between what type of clothing design patents protect and design patents protect.

The process for patenting a clothing design is long difficult relatively expensive and takes an average of 18 months. Utility patents are available when the item functions in a brand new way. Updated july 6 2020. If this is not worthwhile to you consider applying for a trade dress which can protect the look of your brand.

Patenting your clothing will allow you to restrict others from using making selling and importing the patented clothing to the. Generally standard clothing like shirts dresses hats will not be eligible for design patents. Marines have received design patents for their camouflage patterns and combat uniforms. A design patent may be granted to anyone who invents a new original and ornamental design for an article of clothing.

Most of the time you would patent the unique design of your apparel with a design patent. You may be able to protect your creation with a design patent. An industrial design protects the appealing features of a product. You might be wondering how to patent a clothing line.

If the patent office grants you a patent you ll. If you develop a great idea for a new accessory and you want to capitalize on it you might want to get a patent for it. The name of your clothing line if you have one would be most likely to be protected by trademark laws.