The use of patents can help you safeguard your ideas from being stolen by other people. If you wonder how to patent a clothing design, I have you covered. Here, I will explain how you can go about getting a clothing design patented. With this right strategy, you can protect your design and gain from the innovation.

 

Let’s start!

Understanding Clothing Design Patents

A design patent pertains to the aesthetic features of a piece of clothing. It does not address the functionality but rather the looks of the design. This may involve patterns, shapes and other features that are associated with the appearance of the item. For instance, if you design a floral pattern for a dress, a design patent can cover that particular design. However, it will not explain how the dress works or has any technicalities to it. The main goal is to make sure that the visual design is unique to you and cannot be used by other people without your consent.

 

First of all, to patent a clothing design, you should be confident that your design is unique and has not been created before. It must not have been published to the public before you filed for the patent. This means it should not have been in catalogs, online stores or fashion shows presented in printed apparel packaging boxes.

Step-by-Step Guide to Patent a Clothing Design

Step 1: Research Your Design

Before you go for a patent, you must be certain that your design is novel or new. The first step is to carry out a search. Refer to patents, fashion magazines and online shops. Ensure that the design you are coming up with is not already in the market. This step is important as it helps you avoid the time and money you would have spent on doing research that has already been done.

Step 2: Create Detailed Drawings

You have to give clear and precise sketches of your clothing design. These drawings should be clean and neat. They should indicate all the aspects of the design. If you are not good at drawing, it is advisable to seek the services of a professional. It is important to have accurate drawings for your application to be granted a patent.

Step 3: Write a Detailed Description

In addition to the drawings, you have to provide a description of the design in writing as well. This description should give information about the peculiarities of the clothing item you are selling in cardboard garment boxes. It should be simple and to the point. The objective is to bring out something that sets the design apart from the rest.

Step 4: File a Design Patent Application

After you have your drawings and description prepared, you then have to submit your design patent application. This can be done on the internet via the official website of the United States Patent and Trademark Office or USPTO. Follow the instructions carefully. Ensure that you complete all the necessary paperwork and that you meet all the necessary fees.

Step 5: Respond to Office Actions

After filing your application, it will be examined by the USPTO. There may be questions or further information that they may require from the website. This is called an office action. To these requests, reply as soon as possible. This will help to progress your application by giving clear and accurate information.

Step 6: Pay the Issue Fee

In case your application is granted, you will be required to pay an issue fee. This fee is necessary to complete your patent. After making the payment you will be issued with your design patent certificate. This certificate allows your sole right to your clothing design for a period of fifteen years.

How Much Does It Cost to File for a Design Patent on Clothing? 

The fees for a design patent may differ. It depends on several factors including the cost of the attorney and the cost of drawing up the contract. The cost of a professional cleaning service varies depending on the size of your house and the frequency of the service; however, the average cost ranges between $1,500 and $3,000. This includes the USPTO filing fee which ranges from $200 to $500 for small entities. For instance, if you engage the services of an attorney in the application process, their charges will be on top of the cost. They also contribute to the cost if you hire a professional to do them since they are detailed. Such costs make your application more comprehensive and enhance the likelihood of getting approved.  

Can You Get a Patent for a Clothing Design? 

Yes, you can patent a clothing design. However, it has to fulfill certain conditions. Your design cannot be a copy or an imitation of any existing design or a design that is easily guessed. It should also be aesthetic in nature, that is, it should pay more attention to the looks rather than the operational aspect. Thus, by fulfilling these requirements, you can safeguard your individualistic garments. For example, if you have created a particular design of a jacket and have incorporated some other designs on the jacket, then you can patent it. The patent safeguards the aesthetic appearance of the product so that no one else can use or sell it without your consent. 

Where to Patent a Clothing Design 

In the United States, the USPTO is the authority through which you can patent a clothing design. They provide an online application process that is easy to fill. If you are outside the United States of America, it is advisable to consult the patent office of your country. As it has been seen, many countries have similar procedures for design patents. For instance, in Europe, you can apply through the European Union Intellectual Property Office (EUIPO). Every country has its own rules and regulations but the general criteria are almost the same. It is important to adhere to certain rules and regulations of the country of your residence to have a smooth application process. 

Bottom Line

Applying for a patent for a clothing design may sound complicated, but it is an important process of safeguarding your ideas. After going through this guide, it will be easier for you to go through the process effectively. First, gather all the necessary information, then draw a plan and provide a description of the project. Submit your application with the USPTO and answer any office actions as soon as possible. After filing, get the issue fee and safeguard your design patent. With your design protected, you can comfortably take your fashionable clothes to the market.