Patent Your Clothing Design

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

Patent your clothing design.

Utility patents protect the idea s functionality while design patents protect the idea s appearance. Some designers seek to patent their clothing designs to prevent others from copying their work. 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. That is why applying for a trademark is the first step you need to take when releasing a new line of clothing.

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. The clothing industry is fast paced and designers both small and large face the serious issue of design knockoffs. 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.

An industrial design protects the appealing features of a product. 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. Design patents are also potentially available if a clothing design is a new and non obvious and provides some sort of novel utility. Most of the time you would patent the unique design of your apparel with a design patent.

A design patent may be available for a new and unique ornamental design such as marine corps camo patterns. If you can achieve it the extra layer of protection can be very powerful. All clothing designs are immediately protected by a copyright however any small change and it is a new design. The two most common types for all patents including clothing accessory ideas are design patents and utility patents.

If the patent office grants you a patent you ll. However it is a long and difficult process. A design patent may be granted to anyone who invents a new original and ornamental design for an article of clothing. Clothing can be patented.

Clothing companies will often patent a unique design to prevent other companies from imitating it. Updated july 6 2020. In canada you can secure design patents by the way of industrial design registration. When a person holds the rights to a design patent he or she can license or sell those rights to a clothing company.

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. 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.