FOR IP PROFESSIONALS

Patents for fashion

What is a patent?

A patent is an intellectual property (IP) right that can be granted for a device, substance, method or process that is new, inventive and useful. A patent gives an owner the exclusive right to commercially exploit their invention for a specified period of time.

In Australia, there are two types of patents; a standard patent that gives protection for up to 20 years and an innovation patent that gives protection for up to eight years.

Can patents apply to fashion design?

Patents protect the way something works and not how it looks. For many designers patents will be less relevant than other forms of IP.

Patents are increasingly being sought in the textile manufacturing industry. A number of new textile and fibre technologies developed by the CSIRO have been patented. Patents have also been used by companies like Speedo to protect some of their functional sports garments.

If you have developed clothing or fabric that has a specific function you may be able to patent it. An IP professional may be able to provide you with specialised advice regarding patents.

Last Updated: 10/12/2012

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