Can I patent a clothing design idea?

The short answer? Yes.

The long answer? Yes, but it depends on what type of protection you’d like to get for your clothing design idea.

There are two different types of patent options available for clothing design ideas: design patents and utility patents. A design patent protects the way that a clothing design looks, and lasts around 14-15 years. On the other hand, there’s a utility patent which protects the functionality of your clothing design idea and lasts around 20 years. You can actually apply for both patents if your clothing design idea warrants protection both aesthetically (a design patent) and functionally (a utility patent).

Many famous designers choose to patent key items in their collection to make sure copycats don’t steal them. And, of course, if you’re working in an area that combines fashion and technology—for example, creating high-performance fabrics or innovating around clothing ideas, then you’ll also want to consider a utility patent.

Clothing design patents don’t have to be complex—you just need a clear idea of your core competitive advantage (for example, if it’s visual—then a design patent will suit you).

So, yes, you can patent a clothing design idea! The better question to ask is what kind of patent are you looking for?

If you’d like to discuss your clothing design idea in-depth, contact us for more information.


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