Key Takeaways

  • A clothing design patent protects the ornamental appearance—not the function—of apparel or accessories.
  • It is best suited for non-functional, visually unique items like decorative patterns, garment shapes, or distinctive stitches.
  • Design patents can be obtained faster than utility patents and generally cost less, though they offer narrower protection.
  • Filing early, before public disclosure or sale, is critical to securing rights.
  • Alternatives such as trade dress and copyright can supplement protection in some cases.

Clothing companies may patent unique designs so that other companies can't imitate it. When a person holds the rights to a design patent, he or she can license or sell those rights to a clothing company.

If you develop a great idea for a new accessory and you want to capitalize on it, you might want to get a patent for it. If the Patent Office grants you a patent, you'll have exclusive rights to make and sell the accessory.

If the apparel you create has unique functions, you can patent them with a utility patent. For example, in 2008, Katerina Plew claimed Victoria's Secret committed patent infringement based on a bra the company was selling. Plew had a utility patent on the bra's design, so she sued on the grounds that the company infringed on her creation.

Trends in fashion include adding menswear collections to the same shows as women's wear collections, along with the disruption of the fashion calendar. There are other, significant practices at play in the fashion world — brands are getting design patents to prohibit the copious amount of copying. Both fashion brands that have quickly ascended and affordable luxury lines are impacted by copycat fashions.

Applying for patents isn't new because brands have enjoyed patent protection for designs for a long time. Others have followed suit in an effort to enjoy the protection that patents provide for original, unique, and ornamental designs for their clothing. Copyright and trademark laws don't extend to clothing and accessories, for the most part, so copying them is legal, with the exception of protection provided by design patents.

Pros and Cons of Design Patents

Design patent protection prevents third parties from using, making, or selling products that so closely resemble a patented product that a casual observer wouldn't be able to tell the difference between the two and therefore might purchase the copy. Design patent protection lasts for 14 or 15 years, depending on the filing date.

The United States Patent and Trademark Office used to take a year or more to review design patent applications. Because fashion trends move so quickly — and would often be over by the time the USPTO granted the patent — the office has worked to streamline its procedure for review. Currently, it's possible to get a design patent in about 10 to 12 months. To expedite some methods, expect to pay additional fees, but the review time could be shortened to about six months.

Although patent protection is desirable, patents have their downsides, with two of the biggest being turnaround time and cost. Copyright and trademark protection are less than $500 to register, while patents can cost upwards of $10,000 (this includes associated legal fees). 

Turnaround time — including the time it takes from filing to actually being issued the patent — can be around 18 months or more. This time frame is long in the world of fashion because the clothing industry is very seasonal and cyclical. By the time a design patent is issued for some creations, that design will be so out of date that it's unlikely to be copied.

What a Clothing Design Patent Covers and Doesn’t Cover

A clothing design patent only protects the ornamental appearance of an article of clothing—not how it functions. This includes the shape, surface decoration, and configuration of a garment or accessory, as long as it is non-functional. For instance, the layout of decorative stitching on a jacket, or the overall silhouette of a shoe, may be eligible.

Design patents do not protect:

  • Fabric materials
  • Manufacturing methods
  • Functional aspects (e.g., stretchability or water resistance)
  • General ideas or concepts

To protect those elements, a utility patent or trade secret may be more appropriate.

When Design Patents Make Sense

Because of the lag time in getting design patents, brands might only seek protection for staples in their lines. They're usually brands with the significant financial backing to spend on a patent. Brands that have significant accessory lines — such as Louis Vuitton or Bottega Veneta — tend to benefit from design patents more than others.

In 2012, the Innovative Design Protection Act of 2012 (also called the “Fashion Bill”) made its way onto the Senate legislative calendar. The Act extends copyright protection to fashion designs that meet the following criteria: 

  • The designs result from a designer's creative endeavors.
  • The designs provide variations that are distinguishable, non-trivial, unique, and non-utilitarian from previous designs on similar clothing articles. 

The protection lasts for three years.

Clothing design patents are usually obtained by big fashion houses that have the necessary resources to get them. However, if someone feels he or she has a unique enough creation that warrants protection, it may be worth looking into patenting the design.

Common Mistakes to Avoid

Many applicants risk losing rights or wasting time by making the following mistakes:

  • Delaying filing until after launch, risking prior disclosure issues.
  • Submitting poor-quality drawings that don’t clearly define the claimed design.
  • Attempting to patent functional elements, which are ineligible for design protection.
  • Failing to consider global filing timelines, especially if seeking protection in Europe or Asia.

Consulting with an experienced patent attorney can help navigate these complexities.

Alternatives and Supplemental Protection for Clothing Designs

In addition to design patents, fashion creators may consider these IP protections:

  • Trade Dress: Protects the overall look and feel of a product or brand. This requires showing distinctiveness and secondary meaning in the marketplace.
  • Copyright: Can apply to original prints, patterns, or fabric art fixed in a tangible medium. However, it generally doesn’t protect the shape or cut of garments.
  • Trademark: Protects brand names, logos, and even signature color schemes (e.g., Tiffany Blue®).
  • Contracts & NDAs: Useful for limiting copying during manufacturing or collaboration.

Combining multiple forms of protection can offer more robust legal coverage than relying on design patents alone.

How to Apply for a Clothing Design Patent

To apply for a clothing design patent in the U.S., follow these steps:

  1. Determine Eligibility: Confirm your design is new, original, and non-functional.
  2. Prepare Detailed Drawings: Include multiple views (front, back, side, top, bottom, perspective). These visual representations are central to the application.
  3. Complete the Application: Use USPTO’s Design Patent Application forms (including a specification and claim).
  4. File with the USPTO: Submit via the USPTO's electronic filing system (EFS-Web).
  5. Pay the Fee: Design patent filing fees typically range from $250 to $1,000 depending on the applicant type.

You can file a provisional design patent in certain jurisdictions, but the U.S. does not offer one. All filings must be nonprovisional.

When to File a Clothing Design Patent Application

Timing is crucial when applying for a clothing design patent. Ideally, designers should file:

  • Before public disclosure (e.g., unveiling at a fashion show or posting online)
  • Before offering the item for sale

The U.S. allows a one-year grace period after disclosure, but many countries do not. Filing early helps secure broader international rights.

For seasonal lines or trend-sensitive items, early filing may not be practical. In those cases, focus protection on staple or signature pieces that stay in circulation longer, such as iconic bags, shoes, or recurring collection features.

Frequently Asked Questions

  1. What qualifies as a clothing design patent?
    A clothing design patent protects the visual, ornamental features of an article of clothing—not its utility or function.
  2. Can I patent a clothing pattern or fabric print?
    You can use a design patent to protect a repeating surface ornamentation, but for 2D artwork like prints, copyright may also be appropriate.
  3. How long does a design patent last for clothing?
    Design patents filed on or after May 13, 2015, last 15 years from the grant date.
  4. What is the cost of a clothing design patent?
    Filing and attorney fees combined can range from $1,000 to $3,000 depending on the complexity and representation.
  5. Can small businesses or independent designers get clothing design patents?
    Yes, but due to the cost and time investment, many choose to focus on key designs or use alternatives like copyrights or trademarks.

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