You can protect a "new" combination of materials or features if the combination is "inventive" (i.e. not obvious to a clothing expert).
Examples of features that have been patented:
If you believe that your clothing article has a combination of features, which combination is new and inventive, you can get a Patent Pending Number.
US4028744 FILA protected "A knitted jacket including:
Basically: Describing in words assembly of the jacket shown below:
ZA2007/09553 PUMA protected "sports clothing comprising an upper part and a pair of shorts, with the upper part and the pair of shorts being designed as a single piece, further including a shorts over‐part, which is joined or can be joined to the shorts and/or to the upper part."
In English: A onesie with attachable over‐shorts.
US4438574 NIKE protected "an athletic shoe comprising a sole and an upper attached to the sole the improvement comprising: a multi‐layered forepart section of the upper for covering a user's toes, the forepart section including an inner layer of stretchable and moldable material and an outer layer of breathable, flexible and nonstretchable material extending about the inner layer of material, the inner and outer layers being permanently attached to the shoe, a major portion of the inner layer being unconnected to the outer layer whereby the inner layer is free to stretch a degree limited by the extent of the outer layer of nonstretchable material to accommodate and mold to the user's toes."
In English: A shoe upper front portion including: (i) a stretchable, mouldable inner layer; and (ii) a breathable, non‐stretchable outer layer, wherein the two layers are generally free to move relative to each other.
US2013081307 CROC protected a shoe including:
In English: A shoe with a woven portion made of foam material
WO2017/020022 PATAGONIA got a Patent Pending Number for "A compressible insulating material comprising: an insulating material, wherein portions of the insulating material are removed or cut so as to provide increased breathability and warmth‐to‐weight ratio and a decreased compression profile relative to the insulating material when fully intact.
In English: A jacket made from material with holes.
This PATAGONIA jacket was also protected as a registered design:
And, Patagonia sold lots of them … surely a Patent Pending and Design Registration Pending jacket must be better than the "others".
EP2775872 HELLY HANSEN protected "A garment comprising layers of fabric, wherein:
In English: Clothing having: a waterproof, breathable outer layer; a perforated insulating middle layer; and a mesh inner layer.
US8,276,213 NORTH FACE protected "a garment including: a zipper, which when fully unzipped, exposes a venting mechanism attached to and completely surrounded by the zipper, wherein the venting mechanism comprises: (i) an oblong‐shaped opening aligned with zipper, and a mesh fabric set inside the opening; and (ii) a no‐catch mechanism attached to the mesh fabric to pull and secure the mesh fabric away from the zipper, wherein a central portion of the mesh fabric is joined together to enclose the no‐catch mechanism."
In English: A vent opening with a removable mesh cover and a zipper for closing the vent.
US5,271,101 NIKE protected "cycling pants comprising: (i) a body portion having a waist opening and two leg openings such that a wearer can insert a leg through each leg opening and pull the body portion upwards into a wearing position; (ii) a pants liner covering the buttocks region, the perineal region, and extending upwards to the lower front pelvic region of the wearer when the body portion is positioned in the wearing position; (iii) attaching means for attaching the liner to a surface of the body portion facing inwardly towards the wearer; and (iv) the liner including integrally formed embossed break lines creating seamless indentations in the liner such that the liner conforms to the anatomical curves of the wearer when positioned in a riding position on a bicycle and thereby reduces abrasion to the wearer."
In English: Cycling pants with an embossed liner.
You will receive a Patent Pending Number within a couple of business days of payment. Since the Patent Pending Number application is not subject to any examination by the Patent Office, issuance of the Patent Pending Number is guaranteed.
The uploaded document must "fully describe" each new feature on your article of clothing. We suggest detailing:
Also include photos or sketches of your clothing article.
Other than this, no specific format for a Patent Pending Number document is required by law.
After receiving your Patent Pending Number, you may:
We will maintain the information disclosed by you confidential and sign a confidentiality undertaking in this regard. The Patent Office with which we file your Patent Pending Number will also keep your disclosures secret. Unless you choose to disclose the content of your Patent Pending Number document, no‐one will have access to it.
In 12 months' time, you will need to file a complete patent application. When doing so, you can add more detail to your description and bolster your drawings. A patent attorney will likely assist in drafting this complete patent specification. But, for now, you are able to take the first step yourself.
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