Daniel Nathan Ballard Intellectual Property Law Attorney
Posted almost 14 years ago.
I think our colleagues are thinking about design patents. See, for example: Design patents for dresses [ http://goo.gl/BWbvJ ], design patents for jackets and vests [ http://goo.gl/ms8Js ], and design patents for skirts [ http://goo.gl/Mi5DO ]. There’s more but you get the point.
Maurice N Ross New York Intellectual Property Law Attorney
Posted almost 14 years ago.
That was my assumption but design patents for fashion designs do not really exist. There was legislation for this but it has not passed. See attached http://www.copyright.gov/docs/regstat072706.html
Daniel Nathan Ballard Intellectual Property Law Attorney
Posted almost 14 years ago.
Many, many design patents protect fashion designs. That was the purpose of my including, as examples, the three links above. There are many, many more. Anyone can search the USPTO published patent database for US patent classes D02/731, D02/739 ... 756, 823, 828, 840, 851 --- all are for various types of apparel [dresses, shirts, etc.]. I get it that fashion designs are not copyrightable because apparel is functional. But that does leave design patent protection. I'm no fan of procuring design patent protection for apparel. All I'm noting is that it is, generally, available and often procured. How often enforced is another matter.
Michael Charles Doland Los Angeles Intellectual Property Law Attorney
Posted almost 14 years ago.
I have been wondering all morning what a patent on clothing could be about. Perhaps integrated circuits in the fablic in the tech-crazed world? Maybe they are thinking of non-functional design patents?