Design Patents in the Fashion Industry: A US Perspective
Document Type
Book Section
Publication Date
2-2025
ISBN
9780198938897
DOI
10.1093/law/9780198938897.003.0012
Abstract
In the US, fashion design can be protected with design patents in addition to trade marks 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 intellectual property (IP) rights.
First Page
229
Last Page
266
Num Pages
38
Publisher
Oxford University Press
Editor
Eleonora Rosati & Irene Calboli
Book Title
The Handbook of Fashion Law
Recommended Citation
Irene Calboli & Gabrielle Armstrong,
Design Patents in the Fashion Industry: A US Perspective,
in
The Handbook of Fashion Law
229
(Eleonora Rosati & Irene Calboli eds., 2025).
Available at:
https://scholarship.law.tamu.edu/facscholar/2220