Business

US: Design patents catching on with US designers

Indian fashion designers can take a cue from their American counterparts, to fight cheap knock-offs. Fashion designers in America are increasingly opting for US patent protection to protect their designs. Brands including Alexander Wang, Balenciaga and Tod's have been granted design patents by the U.S. Patent and Trademark Office on accessory designs, records show.

Design patents protect the way something looks, as opposed to more commonly known utility patents, which protect the way something is used and works. Because design patents are only available for creations with some originality, companies carefully evaluate which designs, or portions of designs, deserve protection, say experts.

Wang, for example, in 2011 was granted a patent for a "stud with grooves." He wanted a patent because he intended to use the studs on handbags and garments and felt they would be identifiable to his brand.

Savvy fashion brands also evaluate what not to patent, according to attorneys. If a design patent covers an entire design, those who copy it can generally escape liability as long as there are some differences between its product and the original. And if 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.

As a result, companies might exclude that element from the patent application, so if someone copies the rest of the item, the brand will have leverage to stop them. Design patents, which last 14 years, also offer an advantage to designers who want to keep their looks secret until they hit the runway.