Can An Article of Clothing Be Patented?

Denise T. wrote me asking the following, "Can the design of a piece of clothing be patented?" Denise the most likely answer is no - rarely are pieces of clothing patented. However, there are exceptions, check out my page on Teva Sandals and you'll notice that the sandals have been issued a utility patent that relates to how this sandal "functions to fit" rather than "how it looks". Here is another example of a utilty patent issued for theraputic clothing. A design patent may be granted to anyone who invents a new, original, and ornamental design for an article of clothing. The Marine Corp have applied for design patents on their new camouflage pattern and combat uniforms. All clothing designs are immediately protected by copyright law, however, any small change and it is a new design. That's why "famous designers get ripped off immediately upon a new showing." To help you decide what would be right for you, I'd suggest reading, "General Information Concerning Patents" and "Understanding Intellectual Property", and if you are serious visit an intellectual property lawyer.