Intellectual Property Forums (

(Message started by: mach on Dec 3rd, 2006, 6:48pm)

Title: Design patent
Post by mach on Dec 3rd, 2006, 6:48pm
sitting in my tree stand hunting this year I came across an idea that would improve hunting. This idea is a fabric design I  like a pair of pants (that is an example) would an item like this be patentable? I am currently working on the prototype. What else should I be looking to do? Any input will help alot. if you need more information let me know.

Title: Re: Design patent
Post by JimIvey on Dec 4th, 2006, 1:17pm
As a preliminary matter, a design patent covers the way a thing looks while a utility patent covers functional qualities of a thing.  My guess if that you want a utility patent, although they're not mutually exclusive and you can get both.

As for what to look for, you can do some research to see if anyone else has ever done something identical or similar -- assuming your strategy from idea to profit includes a utility patent.  If your strategy from idea to profit includes making and selling these things yourself, you might begin looking into textile manufacturing and how one gets set up to do that and perhaps into business entity formation -- that could be a corporation or any of a variety of partnership types.  If you have enough resources to fund the venture yourself, you can look at a sole proprietorship.


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