Key Takeaways

  • Shoe patents are usually design patents that protect the visual aspects of a shoe.
  • Utility patents may apply if the shoe has functional innovations (e.g., cushioning systems or outsole technology).
  • Conducting a patent search is critical before filing to avoid infringing on existing patents.
  • Patents and trademarks can complement each other in protecting unique footwear designs and branding.
  • Famous shoe patents include Nike’s Air and Adidas’s Boost technologies, which revolutionized running shoes.
  • Enforcing shoe design patents involves litigation, licensing, or settlements against infringers.

Shoe Patents

If you are interested in obtaining shoe patents, it is useful to do a little research into patents in general and what the application process looks like.

The United States Patent and Trademark Office (“U.S. PTO”) is the agency that has jurisdiction over granting patents in the U.S. A patent is a mechanism whereby an inventor can legally protect his invention from subsequent duplicate inventions. A patent owner can generally expect his property right in that patent to last for fourteen years.

There are three general categories of patents:

• Utility

• Plant

• Design

A patent for a new shoe would likely fall under the design patent. While a utility patent protects the way something is used, a design patent typically protects the way something looks, including its shape, surface, etc.

Design vs. Utility Shoe Patents

While shoe patents typically refer to design patents, some footwear innovations may qualify for utility patents. A design patent protects the ornamental features of the shoe—such as the unique shape, tread pattern, or strap layout—while a utility patent covers how the shoe functions. For instance, a shock-absorbing sole system, arch support mechanism, or fastening technology could fall under a utility patent.

Many successful shoe companies file for both types of patents to ensure broad protection. Combining these can prevent competitors from copying the look and functionality of a product.

How to Patent a Shoe Design

If you have come up with a new shoe design and are thinking of applying for a patent, it is a good idea to keep track of everything you are doing and have done in the past, such as any drawings of the shoe, any notes you took during the process, or anyone you might have spoken to about the shoe. Keep all of this information in a safe place, as you will likely need to reproduce it at some point in the patent application process. If you have constructed a prototype of a shoe, you should also take photographs during the process and retain those as well. To be extra careful, you may want to date and sign the photographs, and have one or two people watch you sign so they can be witnesses.

The patent process can get pretty expensive, so before you spend tons of money completing the application, you should be fairly certain that the shoe, if granted a patent, can make you enough of a profit to be worth the investment. If you are ever unsure or have any questions about the process, it is highly advisable to seek out an experience patent agent or attorney so they can help you through the process while protecting your best interests.

However, before you get too invested in the process and the new shoe design, you should always conduct a preliminary patent search to see if there is another shoe that is similar that already has an issued patent. If you do this early enough in the process, it can save you time and money if you end up having to redesign your shoe based on what designs are already patented. The U.S. PTO has a free patent search engine available for public use.

Once you’ve completed the search and decide to move forward with the patent application, you can file electronically on the U.S. PTO’s website. Prior to submitting the application, you will need to provide detailed information about yourself and your shoe design. You will also need to submit any illustrations or photographs that visually show what the shoe would look like. Once you have completed all of this information, you will need to pay the associated fees before submitting the application. Be sure to save and print the U.S. PTO’s acknowledgment of receipt as proof of submission.

Common Mistakes to Avoid When Filing Shoe Patents

To increase the chance of success and prevent delays or rejections, avoid these common pitfalls when filing for shoe patents:

  • Inadequate drawings: Poorly rendered or missing drawings can lead to confusion about the design and delay your application.
  • Omitting a patent search: Failing to check existing patents could result in filing for an already protected design.
  • Misclassifying the patent type: Filing for a utility patent when only a design patent is appropriate—or vice versa—can lead to application rejection.
  • Delaying your application: Publicly revealing your design (e.g., in stores or online) before filing can jeopardize your rights, particularly internationally.

Protecting a Shoe Design Patent

A patent owner has a few different options available if he or she believes someone is infringing on his or her valid patent rights. The owner, if successful in an infringement suit, can collect damages. There are a few different ways a court will calculate damages.

1.Compensatory damages with “reasonable royalty” – In this case, the infringer would have to pay a royalty in the amount that would have resulted from a contract between the owner and the infringer if the owner licensed out to the infringer certain rights to make, use or sell the shoe design.

2.Disgorged profits – In this case, the infringer would have to pay back any profits he or she made to the patent owner when he or she illegally used, made or sold the shoe design. This is meant to prevent unjust enrichment to the infringer and to make the patent owner whole again.

What Happens If Someone Infringes Your Shoe Patent?

If another company or individual copies your patented shoe design, you have several enforcement options:

  • Cease and desist letter: Often the first step, it demands that the infringer stop using your patented design.
  • Negotiated licensing: You may offer a license for the infringer to use your design legally in exchange for royalties.
  • Litigation: If negotiations fail, a patent infringement lawsuit may be necessary. Courts can award:
    • Injunctive relief to stop further infringement
    • Damages, including lost profits or reasonable royalties
    • Treble damages for willful infringement

Proactive enforcement helps protect your intellectual property and brand value.

Notable Shoe Patents That Changed the Industry

Some shoe patents have reshaped the footwear industry and inspired new innovations. Noteworthy examples include:

  • Nike’s Air Sole technology (U.S. Patent No. 4,183,156): Introduced gas-filled cushions to enhance impact absorption.
  • Adidas’s Boost midsole: Known for energy return and comfort, based on a proprietary thermoplastic polyurethane (TPU) material.
  • Hoka’s oversized midsole design: Pioneered maximalist cushioning that influenced an entire category of running shoes.
  • Vibram’s FiveFingers: Patented minimalist shoes with individual toe pockets for barefoot-like movement.

These examples show how patent protection fuels innovation and market leadership.

Using Trademarks to Complement Shoe Patents

While patents protect the design or functionality of a shoe, trademarks safeguard the branding elements—like logos, names, and unique symbols (e.g., Nike’s swoosh or Adidas’s three stripes). These protections are separate but complementary.

Benefits of combining shoe patents and trademarks:

  • Stronger legal protection: You can prevent competitors from copying your design and branding.
  • Long-term value: Patents expire (design patents usually after 15 years), but trademarks can last indefinitely with proper renewal.
  • Brand recognition: Trademarks help build consumer trust and distinguish your shoes in a crowded market.

Frequently Asked Questions

  1. Can I patent a shoe idea without a prototype?
    Yes. You don't need a prototype, but you must provide clear drawings or renderings of your shoe design.
  2. What’s the difference between a shoe design patent and a utility patent?
    A design patent protects how a shoe looks, while a utility patent protects how it functions.
  3. How long does it take to get a shoe design patent?
    It typically takes 12–18 months, depending on the complexity of the design and the USPTO’s backlog.
  4. Can I trademark the name of my shoe model?
    Yes. Trademarks can protect product names, logos, and symbols, helping differentiate your shoes in the market.
  5. What does it cost to patent a shoe design?
    The cost ranges from $1,000 to $3,000 for a design patent and can be higher for utility patents due to legal and USPTO fees.

If you need help conducting a preliminary patent search, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.