TEXAS PROTECTION FOR YOUR FASHION CREATIONS

Design Patent Protects Your Brand

It’s no secret that in the fashion word, looks are essential. A design patent is prominent in protecting a unique ornamental appearance, so it’s wise for those in the fashion industry to consider this process before launching new lines. It’s important to note that US design patents have specific requirements differing from design laws in other countries. 

Design Patents are Ideal for Short Lifespan Ideas

Products that you expect to have a shorter lifespan than others, typically like three to six years, are the best candidate for a design patent. Thankfully, design patent applications do not take as long as utility patents and seem to have a better acceptance rate. Typically, utility patents take several years and involve multiple rejections, whereas a design patent can be granted within 21 months and have an approval rate of roughly 85% with protection for 15 years after the grant date. If the USPTO issues an office action regarding a design application, the objections typically relate to indefinite drawings and can usually be corrected with replacement drawings.

Does a Design Patent Protect Function?

Unfortunately, a design patent does not protect functional features. That being said, specific product features can be simultaneously ornamental and functional, creating an opportunity for protection through a design patent.

What Types of Products Are Acceptable for Design Patent Protection?

• Handbags
• Shoes and/or footwear
• Jewelry
• Hair accessories
• Home decorations
  

2D or 3D Design Patents?

A design patent may cover 3 dimensional structures and 2 dimensional images so as long as they are applied to physical products. If you apply for a 2D image, it helps to provide dashed like lines on the object in which the image is displayed. The lines provide environmental context without claiming that it’s a part of the design. However, one should know that a design patent must always specify an article of manufacture. For instance, if a pattern on a chair is claimed, the same design can not be claimed on a blanket. The design that was claimed in the patent, must appear on the goods specified in the application.

Should You File a Design and Utility Patent Application for Your Fashion Product?

If you find that your fashion product included both functional and ornamental features, it’s wise to apply for both design and utility patents. Keep in mind that such a dual approach will require strategy and planning to execute this vision, especially when differentiating between appearance and function.

How to Patent Your Clothing Line

A design patent requires an essential component to file: the visual image. Utility patents have extensive written descriptions, but for a design patent, you must be prepared to include detailed visuals. The visuals must meet the requirements for a patent illustrator to render formal design drawing files that meet the USPTO strict standards. It’s wise to send CAD files to ensure that the illustrator can execute this task more efficiently to save time and money during this preparation.