This article from Reuters explores the use of design patents in the fashion industry. Many designers at this year’s Mercedes-Benz Fashion Week in New York City are turning to design patents to protect their brands. An alternative to trademark or copyright protection, “Design patents protect the way something looks, as opposed to more commonly known utility patents, which protect the way something is used and works.” Finnegan attorney Elizabeth D. Ferrill provided insight on how fashion companies are utilizing design patents. She said that while design patents can cover the design of an entire garment or accessory, “savvy fashion brands also evaluate what not to patent.” Ferrill notes that if a design patent covers an entire item, potential knockoffs can avoid infringement by making slight variations. “. . . if a part of a design, such as a complicated purse handle, is particularly expensive or complex, it is less likely a company seeking to make a cheaper version will copy that portion, Ferrill said.”
