Can You Patent Clothing Design

Clothing companies will often patent a unique design to prevent other companies from imitating it.

Can you patent clothing design.

For example a particular cut a pattern distinctive embroidery and designs on a t shirt or a dress that make the item of clothing distinctive are covered under industrial designs. This is because you are claiming invention of the unique look of the clothing and not the clothing itself. Marines have received design patents for their camouflage patterns and combat uniforms. 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.

Generally standard clothing like shirts dresses hats will not be eligible for design patents. The process for patenting a clothing design is long difficult relatively expensive and takes an average of 18 months. If the patent office grants you a patent you ll. It is rare that a piece of clothing can be patented.

Updated july 6 2020. A design patent may be granted to anyone who invents a new original and ornamental design for an article of clothing. The name of your clothing line if you have one would be most likely to be protected by trademark laws. Clothing companies may patent unique designs so that other companies can t imitate it.

Patenting your clothing will allow you to restrict others from using making selling and importing the patented clothing to the. Most of the time you would patent the unique design of your apparel with a design patent. Teva was able to patent their sandals because of this a design patent may be available for a new and unique ornamental design such as marine corps camo patterns. Clothing can be patented.

You may be able to protect your creation with a design patent. 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. All clothing designs are immediately protected by a copyright however any small change and it is a new design. When a person holds the rights to a design patent he or she can license or sell those rights to a clothing company.

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. If this is not worthwhile to you consider applying for a trade dress which can protect the look of your brand. It s also possible to copyright the fabric print you. Design patents are also potentially available if a clothing design is a new and non obvious and provides some sort of novel utility.

The short answer is yes you can patent clothing using a design patent or utility patent. Utility patents are available when the item functions in a brand new way. You might be wondering how to patent a clothing line.