Can you patent a clothing design? Yes, it is possible. However, it might be beneficial if your design offers some unique features or ideas, or if you have features for functional clothing.
Given that looks matter in fashion, this patent is about safeguarding ornamental appearances. Therefore, this intellectual property is worth considering for the fashion industry before launching new lines.
How the Law Protects Fashion Ideas
The essence of a patent service is to protect the creator’s original idea. Once you can license the patent to third parties, no one can copy or sell your concepts in unauthorized ways. Here we will discuss further patents for clothing design.
Can You Patent a Clothing Design?
Yes, clothing design can be patented. Clothing apparel patents its unique design to get legal protection. They are claiming their invention in the form of the unique looks of their product, but not the product itself.
Once it is patented, then no other competitors will have any right to imitate or sell it. In another case, if an individual owns a patent right, then you can license or promote it to a clothing company.
How Patents Are Different from Other Legal Protections
Patents distinguish themselves in several ways from any other legal protection. Its function is different from trademarks, copyrights, or any other legal protections.
Things covered in patent protection are scientific creations, processes, or new inventions. Copyright provides protections for books, art, music, or any other type of works of authorship.
Trademarks protect words, brands, slogans, scents, logos, sounds, or colors used for goods or services identification. Patents, trademarks, and copyrights are all part of intellectual property law.
They respectively have limitations in scope time, or both. The party who granted the patent is the USPTO (the US Patent and Trademark Office). Generally, it is enforceable within 20 years.
Can you patent a clothing design? The exclusion for patents are artistic creations, schemes or plans, mathematical models, and human beings. Additionally, different from trade secrets that are kept confidentially, patents must be disclosed publicly.
What Makes a Clothing Design Patentable?
Let’s move further to a section where you will learn about what makes a design patentable. Also, the conditions in which a clothing design can be patented. Also, how
Is it About Style, Function, or Both?
The patents don’t cover protection for the functional features of an item, it protects the looks of the item, not the value. However, combined with ornamental aspects, functional features can sometimes be a part of certain product features.
Can you patent a clothing design by taking advantage of this ambiguity? Yes, possibly people can register for patents. To make it clear, let’s take an example, you own a patent for a shirt with certain ornamental and functional features.
Others can duplicate your functional features with just some differences so that they will not have a similar look to yours. Your application for a patent will protect certain components of it and also the visual ornamental appearance.
The Basic Rules for Getting a Patent
Can you patent a clothing design to a trusted patent law firm? According to the USPTO (United States Patent Office), three criteria must be there for inventions to get a patent. They are novel, nonobvious, and useful.
The first is a novel. Its content must be unique, with no similarity with anything that is known publicly. Anything that has been sold or written publicly in the open market is considered public knowledge.
It has a wide scope around the globe. If the case is that an invention doesn’t qualify for the patent in the US even though it is eligible in Europe this means that there’s no “novel” and cannot be patented.
Move to “non-obvious” the invention needs to be hard to be perceived by experts or individuals who have expertise in that invention’s related field. This is quite hard but it is what it is.
For instance, it would be a failure to get a patent for a machine that can produce 10 items at once if it only modified the existing invention. It just makes a slight difference in the capacity.
The last one is, “useful”. Meaning that it must perform some purpose. It’s impossible to patent something that doesn’t work. For instance, no patent for useless drugs that have no effect.
Challenges When Patenting Fashion Designs
In a rapidly changing environment, patent clothing design needs to face some challenges. Presenting your outstanding portfolio with hot designs is not that easy, however still doable. There must be a good strategy and understanding to protect your intellectual property.
When Art, Style, and Function Overlap
Even though functionality matters for a patent as it is required, most designs are artistic. Patents have to deal with the rapid change of fashion trends while it can take time to get approval.
Moreover, past trends inspire many designs and it can be a daunting task to prove originality. Protecting a design that has both function and look can be challenging as rules differ across the globe.
How Fast Fashion Affects Patent Rights
Can you patent a clothing design? Definitely, but while parents need to pass a long time to be approved, competitors can copy and produce designs rapidly, even before it is granted. This is a concern for original designers to protect their creations.
Moreover, aesthetics and trends are the main focus of fashion design. This makes them more suited for trademark and copyright since the patent’s main focus is on functionality.
You can get protection for 15 years for your ornamental creation of a functional product. Others will not be able to manufacture the item’s structure, form, and look until you license or sell the design patent rights.
Developing and executing a clear strategy to safeguard your fashion product will need time dedication and effort. To get protection for your fashion ideas, letting the expert take over the task can be the best decision.
Can you patent a clothing design? Yes, it’s time to get the patent. For patent-related services, it is recommended to cooperate with a reliable partner like Am Badar & Am Badar Patent Service. Visit our insight page for more details.
References:
- https://www.patenttrademarkblog.com/fashion-clothing-design-patent/
- https://www.wilsonlegalgroup.com/blogs/patent-law/patenting-apparel
- https://www.thoughtstopaper.com/knowledge/patenting-criteria-novel-non-obvious-useful.php
Reviewed by Nabil Argya Yusuf
