How to Obtain a Patent for Fashion Design
Many fashion designers may eventually develop a piece that they feel is original, trendy and potentially profitable. Some even fancy getting a patent for their design to prevent other designers and companies from marketing and making money off their idea. However, there are several things designers should consider before trying to patent their fashions.
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Instructions
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Ensure that your design can be patented--most fashion designs are not eligible. It must be a concept that is completely unique and not currently patented. For example, if you design a pink t-shirt with your logo on it, that design cannot be patented since many people already make and use pink shirts. However, you can trademark the logo, and restrict the use of it on merchandise.
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Determine if there could be a market for your design in ten years. Since design patent applications can take several years to complete, you need to be sure it will be financially viable to even attempt getting a patent.
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Retain an attorney that is knowledgeable about patents, trademark and copyright law--you will need to have an attorney to prosecute your patent application. Depending upon where you live, an attorney for this purpose can cost anywhere from $6,000 to over $10,000.
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Pay the patent filing fee of $100 and submit an application to the U.S. Patent and Trademark Office. You can file online at their official website (see "Resources" section below). If approved, you will also need to pay an issue fee of $400 and a maintenance fee of $3,500.
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