QUESTION
Can clothing qualify for a utility patent? How?
Asked on May 14th, 2015 on Patents - Massachusetts
More details to this question:
Without going too far into specifics, I am in the process of inventing a new article of clothing that will be far more comfortable and functional than existing models. Can clothing such as this qualify for a utility patent?
4 ANSWERS
Intellectual Property Attorney serving Southfield, MI
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Gerald R. Black
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In addition to new (1) processes, (2) machines, (3) articles of manufacture, and (4) compositions of matter, the U.S. Patent Office has granted patents for new business methods and man-made life forms. Examples of U.S. Patents for articles of clothing are U.S. Patent No 6,801,140 "System and Method for Smart Clothing and Wearable Electronic Devices"; U.S. Patent No 5,555,490 "Wearable Personal Computer System"; U.S. Patent No 5,285,398 "Flexible Wearable Computer" and U.S. Patent No 5,416,310 "Computer and/or Scanner System Incorporated into a Garment".
Answered on May 18th, 2015 at 5:41 AM
Intellectual Property Attorney serving South Jordan, UT
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Pearson Butler
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So long as it meets all of the requirements, clothing innovations can be protected by a patent. You should talk specifics in confidence with a patent attorney.
Answered on May 15th, 2015 at 10:55 AM
Clothing in general can't be patented and clothing designs can't copyrighted but a truly unique formula for fabric might qualify for a patent.
Answered on May 15th, 2015 at 1:28 AM
Appellate Litigation Attorney serving Boston, MA
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Banner & Witcoff, Ltd.
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An article of clothing that is (1) new, (2) useful, and (3) not obvious - can be the subject of a utility patent in the United States. The "not obvious" hurdle will be the hard one to overcome. Your invention will be judged against other clothing - the prior art. How different your invention is will determine if it is obvious or not.
Answered on May 14th, 2015 at 3:24 PM