How can you patent a novel piece of clothing?

How can you patent a novel piece of clothing?

In simple terms, a utility patent can protect the way something works or some inherent technical feature of the clothing. A design patent protects the aesthetic features of the clothing.

As an example of “the way something works”, I drafted a specification and patented on behalf of my client a garment designed for people who were disabled and could not stand up. The essence of the invention was a technical one, namely a way of designing the garment so that these could be fitted onto the person without the need to move them.

Fashion items are often more ornamental in nature and are more appropriately covered by design patents (also called registered designs in many non-US jurisdictions).

Mark Warburton About the author

The Intellectual Property Guru. His determination to protect innovation stems from a family legacy in which his grandfather, a genius inventor, had his innovations stolen and patented by someone he trusted, which led to his grandfather dying a pauper on a park bench. Mark is an international award winning lawyer and patent attorney and 3-time published author. His prowess in the court room sees him winning cases that others thought were unwinnable. Mark’s passion for protecting intellectual property shines through in his pro-bono legal mentoring, proactive legal workshops and 1-2-1 work with clients.