Can You Patent Clothing Design

It is rare that a piece of clothing can be patented.

Can you patent clothing design.

Most of the time you would patent the unique design of your apparel with a design patent. That said you should know the difference between what type of clothing design patents protect and design patents protect. 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. Generally standard clothing like shirts dresses hats will not be eligible for design patents.

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. 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. You might be wondering how to patent a clothing line.

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. Design patents are also potentially available if a clothing design is a new and non obvious and provides some sort of novel utility. Clothing can be patented. Clothing companies will often patent a unique design to prevent other companies from imitating it.

If the patent office grants you a patent you ll. A design patent may be granted to anyone who invents a new original and ornamental design for an article of clothing. The short answer is yes you can patent clothing using a design patent or utility patent. Clothing companies may patent unique designs so that other companies can t imitate it.

Updated july 6 2020. When a person holds the rights to a design patent he or she can license or sell those rights to a clothing company. It s also possible to copyright the fabric print you. This is because you are claiming invention of the unique look of the clothing and not the clothing itself.

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. Utility patents are available when the item functions in a brand new way. In canada you can secure design patents by the way of industrial design registration. 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.

Patenting your clothing will allow you to restrict others from using making selling and importing the patented clothing to the. If this is not worthwhile to you consider applying for a trade dress which can protect the look of your brand. All clothing designs are immediately protected by a copyright however any small change and it is a new design.