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.
Can you patent clothing design.
Marines have received design patents for their camouflage patterns and combat uniforms.
If the patent office grants you a patent you ll.
If this is not worthwhile to you consider applying for a trade dress which can protect the look of your brand.
Clothing companies may patent unique designs so that other companies can t imitate it.
An industrial design protects the appealing features of a product.
It s also possible to copyright the fabric print you.
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.
This is because you are claiming invention of the unique look of the clothing and not the clothing itself.
The short answer is yes you can patent clothing using a design patent or utility patent.
Patenting your clothing will allow you to restrict others from using making selling and importing the patented clothing to the.
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.
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.
Utility patents are available when the item functions in a brand new way.
You might be wondering how to patent a clothing line.
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.
Design patents are also potentially available if a clothing design is a new and non obvious and provides some sort of novel utility.
The process for patenting a clothing design is long difficult relatively expensive and takes an average of 18 months.
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.
All clothing designs are immediately protected by a copyright however any small change and it is a new design.
That said you should know the difference between what type of clothing design patents protect and design patents protect.
Generally standard clothing like shirts dresses hats will not be eligible for design patents.
Clothing companies will often patent a unique design to prevent other companies from imitating it.
It is rare that a piece of clothing can be patented.
Updated july 6 2020.
