9 Aug , 2017 Blog

The industry is fast growing, and there is a clutter of brands that are vying each other to be the top of their games, and this is the reason there is also a lot of plagiarism, cheating, and counterfeiting. The clothing design websites have not much helped the scenario in this case. There are numerous platforms selling clothes online and this why every individual with the resources and creativity is trying to grab the market. To make sure that your designs and products are safe from these vicious ailments of operating through the web, you can have your design patented, this will prevent harm coming to your brand image, and you can also receive fine incase of breach of conduct by any individual or brand. There is also a bill that has been passed in the Assembly by the name of “INNOVATIVE DESIGN PROTECTION ACT OF 2012”, this act is also known as the Fashion Bill. Here is how you can stay safe!

Get your design patented!

It is important for a designer to understand that there are a lot of gaps and loopholes that exist in the laws, though there are many strict measures for copyright infringement, people who are out there to make a living out of other ideas will do so and without any hesitation. Only laws are the hope. Once a designer gets a patent on the design, he is entitled to all the fines and remunerations that might come in due to a violation of the law. The models remain under the patent of the owner for twelve years, during this period no one can copy the design, but after three years, if the license is not renewed, any one is welcome to use the drawings, and the original creator has no right to it anymore. A patent is obtained between 10 to 12 months, and this is the reason, that many times some of the most trending designs get copied before the patent is granted and the original creator remains at a loss.

The Procedure

Once a design has been developed, making sure that it is not a copied /borrowed idea or graphic, an application is sent to the United States Patent and Trademark office. The application approval takes around ten months. After an investigation, if the design is found to be an original work, the applicant is granted the patent to that design. There should not be a slightest of similarity between your product and the already licensed existing products in the market. Once all the minute details are covered, the patent is awarded.