Johanna Blakley

Media | Entertainment | Fashion

Archive for Struktur

Design Patents & the Future of Fashion

 

I had to attend the Struktur conference vicariously this year, but I had the great fortune of attending this creative summit for active, outdoor and urban design last year. The organizers had approached me because of my TED.com talk on the lack of copyright protection in the fashion industry. It turned out that the active wear industry was facing a potential sea change. The news was getting out that Lululemon was aggressively pursuing design patents for their designs, effectively installing barbed wire around previous open pasture in the design community. The Struktur community wanted to know: what the hell is a design patent, anyway, and should I be getting some of them, too?

Once I knew this, It took me about zero seconds to agree to give a talk on the topic (here’s the video). I’ve been impatiently monitoring the wearable technology sector for many years now, where I see a very exciting (and lucrative) future for apparel designers. One key reason: fashion designers may not have copyright protection – which means they don’t own their designs – but they are eligible for patent protection if they can inject some unique utility into their design.

I can’t believe how long it’s taken for high-end fashion designers to get into the wearable tech game. But slowly and surely, it’s finally happening. The wearable-electronics market reached $8 billion in sales in 2014, and is expected to hit $20 billion by 2017, according to research firm Futuresource Consulting. I expect the sector to explode once customers realize that they should be getting tremendous utility value with their clothes – not just cute looks.

Editorial about wearable tech tends to be pretty snarky, but even cynical reporters are starting to warm to the idea. Athos now offers workout capris that alert you to your workout targets and tell you whether you’re favoring one leg over the other, which can lead to injury and inadequate work outs.

Emel + Aris have created a luscious cashmere wrap that’s actually a toasty electric blanket. Iris Apfel, icon of all who hope to age in grand style, has developed WiseWear cuffs that can send a message to an emergency contact if you should get in trouble. And while I’m no fan of Ralph Lauren, the Ricky bag is kind of genius, with its built in phone charger and LED lights that switch on when you open the bag.

So all of these contraptions are eligible for utility patents, which cover inventions that are novel, useful and non-obvious. So what is a design patent? Read the rest of this entry »

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