Patents > Patent/Invention Ownership

Costume Design!

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JJB:
Hey all,

My Costume Designer creates some fabulous, fashionable designs for my theatrical dance work. I know how impossible fashion design laws are- due the the ever expanding debate about functionality- BUT, some of his work, due to the nature of our stage work, is so specific or absurd- if we bothered to sell in the "costume" arena, would we be ok?

I was wondering about the reverse engineering clause I've read regarding apparel? How does that play in here? If the garment is hard to figure out by reverse engineering does that mean it's patentable? Doe this apply to costume AND fashion?

I appreciate any thoughts on the matter.

With Warmth & Gratitude,

JJB
jamiebenson.com

JimIvey:
For a utility patent, the design would have to be non-obvious.  Being hard to reverse engineer suggests the design might be non-obvious, but many designs that are easily reverse engineered are also non-obvious.

Design patents might also be relevant -- protecting "ornamental" (non-functional) designs.

I'm not following the parts of the question specific to fashion design laws and whether you can sell in this or that market.  You don't need any protection to sell in any market, but you might fun afoul of others' protection.  That's impossible to address without knowing many specifics.  I'm not aware of any specific fashion design laws -- perhaps design patents or copyrights.  You can ask about application of copyrights to fashion designs in the Copyright forum.

Regards.

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