How Much Does It Cost to Patent a Clothing Design? Things to Know
Read and learn how much it costs to patent a clothing design. Then you can try to apply for patents for your designed clothing.
You might be wondering if you can patent a new clothing design if you’ve just finished developing it. Design patents, which protect the aesthetics or ornamental appearance of an object, and utility patents, which protect the practical aspects of a piece of clothing, are both issued by the USPTO (United States Patent and Trademark Office).
How much does it cost to patent a clothing design, then? Discover more by reading on.
How Much Does It Cost to Patent a Clothing Design?
Your costs will include both the filing fees and, optionally, the assistance of a patent lawyer and a professional illustrator to draft detailed patent drawings. As of 2019 rates reported by UpCounsel, let’s look at some expenses you might incur along the way.
- Basic design patent fee: $760
- Design patent fee for a small entity: $380 (a small entity is a nonprofit organization or an organization with 500 or fewer employees)
- Design patent fee for a micro-entity: $190 (a micro-entity has a gross income of fewer than three times the median U.S. household income and has not been named as an inventor on more than four previous patents)
- The estimated cost of hiring a patent lawyer: $1,500 to $3,000
- The estimated cost of professional patent illustrations: $600
Keep in mind that these fees apply per individual patent; consider each clothing concept a single patent. These costs are also oriented toward design patents. However, utility patents tend to cost much more, with Upcounsel estimating those filing costs at about $3,500 to upwards of $4,000, depending on the complexity of the mechanism.
As the world of fashion moves quickly, it may be possible to request that the USPTO expedite your patent. Although it will cost more, processing time can be sped up to as little as six months.
Further Reading:
Protecting One Clothing Design Per Patent
Please keep in mind that you can only protect one design per design patent application; as a result, if you want to protect more than one article of clothing, you must submit a separate design patent application for each piece of clothing.
Despite the fact that the USPTO permits creators (designers) to protect numerous embodiments (variations) of the same design, it is not advisable to request protection for various embodiments in your design patent application.
This is because, if the patent examiner finds that the various embodiments (variations) of the same design are distinct, you might find yourself forced to pick just one design to be patented. Your lawyer will need to put in a lot of legal work to resolve this, which will cost you time and money.
The best way to ensure that your design patent application will be approved is to submit a design patent that only claims one design without any variations. Obtaining a design patent can often be done quickly, especially if your attorney does a good job of putting together your design patent application.
Once you’re successful in patenting your design, your patent will last for 15 years from the date the patent office grants your design patent application.
You will be able to prevent others from using, producing, selling, offering to sell, and importing an article of clothing with a design that is the same as or similar to the one that you have patented for the duration of the 15-year patent term.
To put it another way, you will be able to prevent others from stealing your design and misrepresenting it as their own.
Why is Design Patent Cost Important?
Avoiding unpleasant surprises begins with an awareness of the design patent cost upfront. Some inventors, who didn’t know how much it would cost, end up in precarious financial situations. A design patent cost shouldn’t drive your brand-new business into bankruptcy.
You have a few choices if applying for a design patent costs too much. You can collaborate with investors while releasing your product to the general public. To raise the money necessary to submit a design patent application, some creators and designers choose to use crowdfunding websites.
Further Reading: How to Find a Designer for Your Clothing Line?
Another choice is to hold off on sharing your concept until you have enough money saved to cover the cost of a design patent.
The price of a design patent is typically much less than that of a utility patent. A basic mechanical utility patent typically costs around $3,500. However, a sophisticated mechanical could cost up to $4,000.
What Are Patents for Clothes?
Given the scope of other types of IP protections, patents tend to cater to clothing. Specifically, utility patents are a good fit for clothing ideas that are both new and focus on function (such as a fireproof jacket for emergency personnel or an innovative type of clasp on a bra).
Design patents, on the other hand, protect the ornamental design of functional items, such as clothing and clothing accessories.
These clothing-related patents can be filed with the United States Patent and Trademark Office. A patent can be obtained between 10 and 18 months, and it typically lasts for 14 or 15 years.
Above all, the USPTO requires that clothing and accessories are “novel and non-obvious.” In other words, a piece of clothing needs to be original and unheard of in the United States in order to qualify for patent protection. or publicized abroad. Additionally, it couldn’t have been created for widespread use more than a year prior to the patent application.
How Much Does It Cost to Trademark a Clothing Brand?
The USPTO charges $350 for each class of goods to register a trademark. You might need to sign up for several classes, depending on your brand’s offerings. You will pay the basic application fee for both classes of goods, for example, if your brand sells both clothing and handbags.
If your application is approved, you might be eligible to pay a reduced rate of $225 for each class of goods in some circumstances. It is best to get in touch with a knowledgeable trademark lawyer to find out if you are eligible for this application at a discounted rate.
Conclusion: Patent a Clothing Design
It’s a complicated web that patent law spins because different types of rights protections safeguard various kinds of clothing designs, which in turn influences the price of design patents.
Clothing patents make sense for long-lasting designs and for businesses and people with the financial resources to cover the costs of preparing and submitting a design patent.
FAQs
Can You Patent a Design for Clothing?
Clothing can be patented. Most of the time, you would use a design patent to protect the distinctive design of your clothing. This is due to the fact that rather than the clothing itself, you are claiming the invention of the distinctive look of the clothing.
How Much Does It Take to Patent a Design?
The complexity, or what is covered, determines how much a design patent will cost. The standard filing fee for a design patent application is $760 for a big entity. The fee for a small entity is $380 and a micro-entity will cost you $190.
Can You Patent a T-shirt Idea?
If you have a novel design for an article of clothing like a T-shirt, you can apply for a design patent. The patent proves your ownership of the design and forbids others from utilizing it throughout the patent’s validity.
Can I Sell My Design Without a Patent?
Yes, you can sell an idea to a company without a patent. But the business must sign a legal document, like a nondisclosure agreement (NDA). If not, they might steal your concept. Sadly, a lot of businesses won’t sign an NDA.
