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design cues

Patenting Multi-Purpose Design Cues

Patenting Multi-Purpose Design Cues

In our previous post, we discussed how design patents may be used to provide intellectual property coverage for apparel.  As mentioned, design patents may provide important coverage for clothing designs, but design patents also pose challenges that may make them less appealing for certain clothing designers. In particular, compared to trademark and copyright protection, design patents are relatively expensive to secure and the time delay from filing to grant of a design patent may be lengthy (six months at the minimum, but sometimes upwards of two years).  Given consumer desire for “fast fashion,” this season’s hot new clothing design could be irrelevant by the time a design patent is granted, thus minimizing the benefits of the design patent.  While there are ways to speed up design patent grants, this adds still further expense.