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Topic: Patent a clothing design? (Read 31826 times) |
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A. Reuter
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Hello. I have come up with a new clothing design that I believe is unique, functional, and fashionable. I have no real business or fashion experience and I am trying to figure out how to move forward with my idea. I have created some prototypes (which look great!) and documented my ideas in a bound, page numbered book. I've read that design patents on clothing are usually worthless because designers can make one small change and knock off your designs, however, I believe my idea is distinctive because it has a unique functional concept.
I've read some good comments in this forum. Any advice would be greatly appreciated!
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JimIvey
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Posts: 2584
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Re: Patent a clothing design?
« Reply #1 on: Mar 31st, 2004, 10:28am » |
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To the extent your designs are functional, novel and non-obvious, patents may be useful for you. I once wrote an application for a suit for race-car drivers. That was a long time ago. The prior art cited by the examiner were all patents on various types of clothing, so such patents do exist.
For an overview of general IP types and uses, check out this subject in this forum:
http://www.intelproplaw.com/Forum/Forum.cgi?board=patent;action=display; num=1080697216
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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B. Halpern
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Re: Patent a clothing design?
« Reply #2 on: Mar 31st, 2004, 11:38am » |
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Just for clarification, you need to decide whether you want to seek a design patent or a utility patent on your clothing. Keep in mind that design patents can not be sought for the functional aspects of the design, but only for the ornamental nature of the design. You might want to pursue a utility patent in addition to the design patent if you seek protection on the useful and non-obvious structure and functional aspects of the clothing.
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M. Arthur Auslander
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I love YaBB 1G - SP1!
Posts: 541
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Re: Patent a clothing design?
« Reply #3 on: Apr 1st, 2004, 6:01am » |
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Dear A Reuter,
Fashion usually moves too fast for patents, even design patents to be of any value, may take to long to get.
I have patented innovative concepts involved with clothing.
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| « Last Edit: Apr 1st, 2004, 6:16am by M. Arthur Auslander » |
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M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
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R. Meza
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Re: Patent a clothing design?
« Reply #4 on: Sep 8th, 2004, 2:18am » |
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Hello,
I have a question to a reply from M_Arthur_Auslander, to A Reuter. I am curious on what you mean by "patent an innovative concept involved with clothing". I have been working on an idea in clothing. It's not necessarily a design. If you're out there or anyone else can help me I would greatly appreciate it.
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