Soft Goods Patents???

I need information on patenting soft goods. I’m new at this and have designed this product that is made only of foam and fabric. Is it common to get patents on soft goods?? Is it even possible? Please help with any information :slight_smile:

Do not forget to get the trademark too. It is cheaper than the patent and can present itself as a better placeholder in the marketplace. As soon as you spend $4800 on the patent, someone will design around it but will not necessarily design around the trademark.

obviously there are benefits to each. If you have simple foam and fabric, why bother with a patent ? Take that patent money and put it toward another item to broaden your line of products. By the time you get done fedexing your samples to and from Asia the patent might be worthless. if you have it sewn or fabricated in a non third world country, it might give you an additional 5 months of sales before the copies start to flood the market.

Of coarse, I have made a slight assumption that the item will be sourced in the third world.

THanks for the information! I appreciate it…


FYI patents and trademarks do not offer equal protection and do not protect the same kinds of intelectual property.

A quick primer:

Patents: cover the functional and aestehtic aspects of an invention be it a product, service, or new variety of plant.

Trademarks: Protect the trade name/logo you use to market a product or service. They exist to prevent confusion to the customer be it unintentional or malicious. e.g. i cannot make a softdrink with a red can+swoosh and call it “koke” as it would likely confuse a customer into thinking it was a coca-cola product.

Copyright: protects the embodiment of an idea e.g. a novel, play, travel guide.

on occasion the look of a device which is usually covered under a patent can also be afforded TM protection (the ipod is a current example).

I would disagree with the other poster. If you have invented a novel (novel = new functional benefits, not hamburger earmuffs) product out of the foam and fabric and it would be useful to a manufacturer of soft goods by all means patent it. if it is just a new set of curves on a jansport backpack, you would only be eligible for a design patent and that is not worth the time, money or aggravation.

Thank you! :sunglasses:

this helps me a little too.

you can patent:

  1. The idea
  2. The intended use
  3. The method of manufacturing

A large majority of patents are #3, extreme few are #1. Most patent claims include 2 of above; rejected if all three are claimed.