Can You Patent Clothing Design

That said you should know the difference between what type of clothing design patents protect and design patents protect.

Can you patent clothing design. In canada you can secure design patents by the way of industrial design registration. Updated july 6 2020. It is rare that a piece of clothing can be patented. A design patent may be granted to anyone who invents a new original and ornamental design for an article of clothing.

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. If the patent office grants you a patent you ll. 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.

Utility patents are available when the item functions in a brand new way. 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. This is because you are claiming invention of the unique look of the clothing and not the clothing itself.

An industrial design protects the appealing features of a product. 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 process for patenting a clothing design is long difficult relatively expensive and takes an average of 18 months. The name of your clothing line if you have one would be most likely to be protected by trademark laws.

Clothing companies will often patent a unique design to prevent other companies from imitating it. Clothing companies may patent unique designs so that other companies can t imitate it. Marines have received design patents for their camouflage patterns and combat uniforms. 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. Patenting your clothing will allow you to restrict others from using making selling and importing the patented clothing to the. When a person holds the rights to a design patent he or she can license or sell those rights to a clothing company. 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.

Most of the time you would patent the unique design of your apparel with a design patent. Generally standard clothing like shirts dresses hats will not be eligible for design patents. 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.