Patents are the new ‘must-have’ fashion accessory, according to legal experts Lisa Egan and Nicola Beswick.
Nothing is more soul-destroying than a copycat stealing the blood, sweat and tears that went into developing your design portfolio. Although some might say imitation is the highest form of flattery, the fashion industry knows only too well how costly such imitation can be in the marketplace.
Copyright, trade marks and design rights are important and valuable assets which need to be protected and enforced to ensure the right message is sent to both consumers and would-be copycats. Patent rights can also be added to the arsenal at your disposal for rewarding your clever thinking.
What is a patent?
A patent protects a new idea, product, or process. A patent protects the underlying principle or idea in an invention, not just a single physical form of the invention. Therefore, multiple aspects of an invention can be covered in a single patent. A patent can therefore provide you with a medium to protect your intangible creativity in a tangible form. The owner of a patent is granted a 20 year monopoly to manufacture, sell, licence, import and use the patented product or process.
Patents are often seen as an area of intellectual property best left to scientists and engineers. Not so. Many common products and materials used in the fashion industry today have been patented. For example, consider fabrics such as Lycra, and fastening devices such as Velcro and the humble zipper. In these examples, not only can the end product be protected, but the process and/ or the machinery used to manufacture these products can be protected in the same or a separate patent application.
Here are some further examples that have been making the news.
Clothing DNA?
The concept of DNA for clothing was publicised last year with identical models dressed in identical garments, one a fake and the other ‘the real deal’. If both garments are attributed to the same designer, how do you distinguish between them?
A unique system that will change the textile and fashion industry has been recently developed. The system works by using a small hand-held tracking device to detect fake designer garments. The tracking system works by weaving or blending a synthetic fibre with a unique code into the fabric used to manufacture the garment.
The system was adapted from existing patented tracing technology, and clearly will help eliminate fraud and protect valuable brands.
Too hot to handle
Now more than ever it's evident the textile industry is leading the charge in creative and innovative designs. The most obvious example is Lyrca, which revolutionised the textile industry. One new fabric recently in the headlines includes the well publicised "flame-resistant” material, where a brave young model went under the torch. The same fabric is also puncture-resistant. Other unique fabrics include a wool that can be machine washed and tumble dried. New innovative dyeing techniques have also been developed.
Go speed racer!
Textiles designed by Speedo have regularly been in the public eye. Speedo has developed new fabrics and swim suits that arguably helped the United States swimming team take home no less than 31 medals from the 2008 Olympic Games in Beijing.
Both the unique pattern and construction of the suits, in addition to the sharkskin-like fabrics used to construct the garments, are all subject to patent applications.
How to assess if you have a patentable invention?
The key to assessing whether something is patentable is to ask yourself simple questions such as: Has this been done before? Is the dyeing process or technique different to what is used by others in the industry? Have I developed a new type of fastener for my garments? These innovations could be a welcome (and valuable) accessory to your assets.
One word of caution - speak to your Intellectual Property Advisor before you show (or worse, sell) your potentially patentable idea, product or process to the public. Even if your new product or process has been publicly disclosed, there may still be options available to you for patent protection.
Lisa Egan is a senior associate at Middletons while Nicola Beswick is a patents technical advisor. The law firm has extensive experience in dealing with intellectual property issues faced by the fashion industry.