Design Patents in the Fashion Industry: A U.S. Perspective

Abstract

In the United States, fashion design can be protected with design patents in addition to trademarks and copyrights. Design patents protect non-functional, ornamental features embedded in an object and are suitable for fashion items meant to last more than one or a few seasons, particularly for accessories like handbags, footwear, and sunglasses. Design patents can be used by both large and small businesses and, to date, have been partially under-utilized in the fashion industry, probably due to the costs of applying for protection and the time it takes to be granted the patent. This Chapter argues that fashion designers and lawyers should consider design patent protection because it offers important protection to fashion items, often stronger than any other IP rights.

Keywords: design patents, patents, fashion, fashion design, intellectual property law, IP law