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 articles of clothing patented. However, there are exceptions, Teva Sandals were issued a utility patent that relates to how this sandal "functions to fit" rather than "how it looks". A design patent may be granted to anyone who invents a new, original, and ornamental design for an article of clothing. The U.S. Marines have received design patents for their camouflage patterns and combat uniforms. All clothing designs are immediately protected by a copyright, however, any small change and it is a new design. That's why famous designers see knock-offs of their clothing almost immediately after a runway show. To help you decide what would be right for you, I'd suggest reading, "USPTO Patents" and "Understanding Intellectual Property", and if you are serious visit an intellectual property lawyer.
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What about Under Armor?
You most certainly can get patents on clothing. The ornamental features of clothing and accessories can be protected with design patents and functional features can be protected with utility patents.
Wondering what it would cost to get clothes patent. Would like to do tshirt with my own design but would like how to get started . So if u could send me in the right directions, thank you
I have a very unique pc of clothing I wwould like to paten and I know it would be a blast. What do I need to do?
Contrary to the statement in the blog, clothing designs are not “immediately protected by copyright,” nor can a copyright be registered for “useful articles” such as clothing. It is possible to register copyrights for artistic or ornamental aspects of clothing, especially designs printed on the fabric or other surface ornamentation. Federal legislation ws introduced in 2009 to provide short-term copyright for fashion designs, but it seems to have gone nowhere.
clothes can b a critique of yur life…clothes r verii inportant in mii life cuzz without clothes there will b alot of naked ppl walkin around nd we all know we dont wanna see that happen.
I wanted to know if I could patent a design for example if i were to make a socks attached to a jeans or a glove to attacted to a jacket could that be patent or copyrighted?
“or a glove to attacted to a jacket ”
Didn’t your mother do that to you when you were a child with a string of elastic connecting the gloves through the sleeves??????????
This information if completely wrong. The Supreme Court has held you cannot copyright the design of clothing. That is why you see knock offs so quickly. The design is not protectable under copyright. Now the print of fabric is protectable, but not the overall design.
We actually frequently obtain design patents for many clothing startups which covers the ornamental designs and shapes of clothes. In some cases we have actually obtained issues of a utility patent if there was some functionality. So although many attorneys are quick to say that there is not patent protection for clothing, a further and deeper look is required to determine if there is or is not. Here is a little more information on the topic:
I have a men’s accessory that’s Never been designed before. While the design anyone can do there is a particular function of it that may fall in line to recieve a utility patent or whatever…who can I talk to? Are there reputable fashion patent lawyers in LA? I’m in Houston, my words won’t go far here as far as this is concerned.
hi. I’ve been following this discussion thread about whether clothing can be patented or not.
What about the ‘Snuggie’. It is the fleece blanket with sleeves. Would something like that qualify for a patent?
Anyone have any information / thoughts / comments?
Hi Im a new fashion designer and i design and make clothes.I have just printed my lables what is the next step for me to be fully protected before i display my clothing in stores
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