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[firstdoc]

Hello all, I am sure you are all tired of "is this patentable" but this is the only one on the internet that I could find so it must be working well to stay afloat! Thanks in advance.

Ok, I am new to the innovation game and have a new idea.  The problem is I dont know if it is a new idea or just not out on the market for other reasons.

Here it is in the vaguest sense possible.  I want to use a fabric (or two) not generally thought of in constructing an already existing item.  For example.... Lets say I see a construction workers boots and instead of wanting to make them of leather or cloth, I want to make them of burlap.  So as you can see, the item is already being made (work boots) and the fabric is out there (burlap) but the combination of the two is not being sold (hell, it may be but i have not seen burlap work boots!) for a variety of reasons. (not weather resistant, not comfortable, etc).

Well, my idea is similar in anecdotal nature, but combines two types of fabrics to make an already existing item much much better in my opinion (and in more ways than 1)!  I, however, need to know if I should pursue a design patent (dont think so bc while it is used in the same way as the regular item, it is functionally much better (in more ways than 1 too).  Maybe a utility patent (but I question if it is novel since 1. using materials already out there 2. in an item that is already out there 3. may not be novel (may be out there and also may be patented even though I cant find it on patent searching 4. may be out there in a very similar fashion but not with a combination of two fabrics.

And, finally, maybe this is more of a fashion/clothing issue and I need to start a small business and make these items (trademark or whatever I can do to protect my idea/new item) and market it to people who may buy them. (i.e. it is a matter of me making them since I can buy the said fabrics and construct said item without coming up with a new fabric or item on my own- thus no need for a patent/trademark etc?)
thanks in advance and i know it is vague as it should be on here but no idea where to go on this one!

[CriterionD]

A product's material is completely besides the point when you are dealing with design patents.  Design patents protect - only - the appearance of a product (assuming that the product's appearance accomplishes no more than, say, looking pretty, and does not affect the product's function).

A utility patent, if I interpret you correctly, is what you would be interested in.  To be patentable, your "invention," which can simply be a widget made of a certain combination of fabrics, must be novel (i.e. not in existence, not already patented) and non-obvious.  If you want to go ahead and try to figure the obviousness part out on your own, here is one resource - http://emlab.berkeley.edu/users/bhhall/ipconf/Barton901.pdf

And, finally, maybe this is more of a fashion/clothing issue and I need to start a small business and make these items (trademark or whatever I can do to protect my idea/new item) and market it to people who may buy them.

Aha, well, of course you need someone to do this, and maybe its best to do it yourself.  But this is not an either/or type of situation.  You can patent a product and take it to market, or you can fail to patent a product and still take it to market.  You can take a product to market and brand it well, or you can take a product to market and not brand it well.  This is of course assuming that you are not infringing anyone else's patent, or what not.

Now, if this is a situation where labeling laws or what not do not require you to give away your "formula," perhaps you are better off keeping the formula secret rather than patenting it.  And there may be other factors like that at play.