Patent Your Clothing Design

Some designers seek to patent their clothing designs to prevent others from copying their work.

Patent your clothing design. Clothing companies may patent unique designs so that other companies can t imitate it. The two most common types for all patents including clothing accessory ideas are design patents and utility patents. Updated july 6 2020. A design patent may be available for a new and unique ornamental design such as marine corps camo patterns.

Choosing the correct form is important because a patent may be rejected in one form but accepted in another. When a person holds the rights to a design patent he or she can license or sell those rights to a clothing company. Clothing companies will often patent a unique design to prevent other companies from imitating it. If you can achieve it the extra layer of protection can be very powerful.

That is why applying for a trademark is the first step you need to take when releasing a new line of clothing. Clothing can be patented. Design patents are also potentially available if a clothing design is a new and non obvious and provides some sort of novel utility. An industrial design protects the appealing features of a product.

This is because you are claiming invention of the unique look of the clothing and not the clothing itself. If the patent office grants you a patent you ll. I d suggest that the above techniques and as a result patents in general could be much more widespread in the fashion industry especially for features that are core to a brand so won t change with each season. The clothing industry is fast paced and designers both small and large face the serious issue of design knockoffs.

Utility patents protect the idea s functionality while design patents protect the idea s appearance. 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. Without a strong trademark it s nearly impossible to grow your brand. Generally standard clothing like shirts dresses hats will not be eligible for design patents.

Most of the time you would patent the unique design of your apparel with a design patent. However it is a long and difficult process. It s also possible to copyright the fabric print you design for your clothes the actual print itself and not the cloth or the cut is copyrightable. A design patent may be granted to anyone who invents a new original and ornamental design for an article of clothing.

In canada you can secure design patents by the way of industrial design registration. Marines have received design patents for their camouflage patterns and combat uniforms. The name of your clothing line if you have one would be most likely to be protected by trademark laws.