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fbarnes67

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PostSubject: Children Clothing Designer   Sun Feb 21, 2010 10:18 pm

If I'm adding something to a pair of pants such as a piece of material that can make life easier for children. Can it be patent or should I just have it sewn by a company before selling it?

Thank you
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Bill Goldblatt

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PostSubject: Re: Children Clothing Designer   Mon Feb 22, 2010 5:03 pm

fbarnes67 wrote:
If I'm adding something to a pair of pants such as a piece of material that can make life easier for children. Can it be patent or should I just have it sewn by a company before selling it?

Thank you

You can add anything to a pair of pants, and you can patent it if it serves a physical "utility," it has never been done before, and it would be considered "non-obvious."

I am not sure what you mean exactly by "or should I just have it sewn by a company." It should not matter who it is sewn by. If you are talking about licensed goods, this is a trademark related issue and I believe it may simply matter only whether or not the fabric was licensed (but there would still be complications which could arise). Whether or not the invention is patentable or patented would be a separate issue.
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fbarnes67

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PostSubject: Thanks!   Wed Feb 24, 2010 7:53 am

Thank you.

Bill, the reason I ask is because I had gotten so confused after reading articles regarding "knockoffs" most designers experienced. In other words, you can patent a design of an article if it is non-obvious?

Fbarnes
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Bill Goldblatt

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PostSubject: Re: Children Clothing Designer   Wed Feb 24, 2010 4:10 pm

Yes - if it is considered non-obvious (in light of previous designs, etc) and novel (i.e. never been done before). Your invention sounds patentable to me (in a hypothetical sense), but just to make clear, do keep in mind that the "invention" being patented must serve a tangible utility in order to qualify for a utility patent (most of the time you hear the word patent, it is being used to refer to a 'utility patent'). An example would be, if what you were adding to a pair of pants something that would make the pants more comfortable, or it would make the pants more useful by adding a pocket, maybe, then your invention would serve a tangible utility.

Whereas, if your invention or aspects of it served no utility beyond, say, looking good - then you would be looking at a design patent. A professionally prepared design patent is a bit cheaper than a professionally prepared utility patent. A design patent also offers a decidedly narrow range of protection, but is still useful to help prevent knock-offs.
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