Who Would Think that the Future of Fashion Design Involves Patent Protection

By Delia Allen

Patents are Becoming Essential in the Fashion Industry

Fashion law has historically focused primarily on trademarks and copyrights. Trademarks protect brand names, logos, and other source-identifying features, while copyrights can protect certain artistic elements of fashion-related works. However, as the fashion industry continues to evolve, patents are becoming an increasingly important area of intellectual property protection. Recent developments show that major fashion brands are investing more heavily in patent protection as innovation becomes a larger part of the industry.

Companies such as Nike, Adidas, and Under Armour have expanded their use of utility patents to protect functional innovations in their products. These companies’ patent portfolios change constantly, and together they hold thousands of patent assets worldwide, and Adidas reports over 5,111 global patents and applications. [1] Modern fashion is no longer limited to aesthetics and design alone. Today, brands are developing advanced performance fabrics, wearable technology, biometric tracking features, sustainable manufacturing processes, and other technological innovations that require significant research and development investments. [2] Because these innovations often provide a competitive advantage, companies are seeking stronger legal protections to prevent competitors from copying their innovations.

Utility and Design Patents in Fashion

The rise of patent protection in fashion reflects the industry's evolution from a primarily creative field into one that increasingly intersects with engineering, science, and technology. Utility patents protect how a product works, while design patents protect the visual appearance of a product for 15 years from the date the design patent is granted. This distinction is particularly important in fashion because many products contain both aesthetic and functional elements. For example, ASICS, a Japanese sports brand sought patent protection for a new technology for a running shoe designed to make running for long distances easier and comfortable. [3] The shoe improves athletic performance and is embedded with patent protected innovative technologies, such as Flytefoam.[4] The product's overall appearance is also protected through trademarks and design patents.

Why Patents Matter for Fashion Companies

Patents provide several benefits for fashion companies. First, utility patents encourage innovation by allowing inventors and businesses to receive exclusive rights to their inventions for 20 years from the earliest effective filing date, if maintenance fees are paid. This exclusivity gives companies an opportunity to recover research and development costs and continue investing in new technologies. Second, patents can create valuable business assets that increase a company's market value and strengthen its competitive position. As the fashion industry becomes more technology-driven, these protections are becoming increasingly significant. [5]

Fashion Industry Patent Litigation

Along with the increase in patent filings, there has also been a rise in patent litigation within the fashion industry. Because patented technologies often have substantial commercial value, companies are willing to enforce their patent rights when they believe competitors have infringed upon their inventions. One of the most well-known examples involves Nike's Flyknit technology, which led to significant patent disputes concerning innovative knitting techniques used in athletic footwear. [6] These cases demonstrate that patents have become an important strategic tool for fashion brands and can play a major role in protecting market share. [7]

The Future of Fashion Law

The growing use of patents highlights how fashion law is continuing to develop alongside changes in technology. While trademarks and copyrights remain essential forms of protection, patents are becoming increasingly important to the fashion industry. As fashion companies continue to invest in innovation, attorneys working in the fashion industry will need a stronger understanding of patent law and its application to emerging technologies.

Ultimately, the future of fashion is not only about creativity and design. It is also about innovation, functionality, and technological advancement. As these trends continue, patents will likely play an even greater role in shaping the future of fashion law.

References

[1] International Institute of Patent Research & Development (IIPRD), Adidas Patent Portfolio – Exemplary Landscape Overview (Aug. 7, 2025), https://www.iiprd.com/adidas-patent-portfolio-exemplary-landscape-overview/ (last visited July 8, 2026).

[2] Understanding the Value of a Fashion Patent, Adams IP, https://www.adamsiplaw.com/fashion-patents/ (last visited July 8, 2026).

[3] World Intell. Prop. Org. (WIPO), IP and Sports Products: An Inseparable Symbiosis, https://www.wipo.int/en/web/ipday/2019/intellectual_property_sports_products (last visited July 8, 2026).

[4] U.S. Patent Application Publication No. 2026/0108020, Footwear (published Apr. 16, 2026).

[5] Adams IP, Understanding the Value of a Fashion Patent.

[6] Mareesa A. Frederick & Bushra Z. Haque, Why Fashion Brands Are Doubling Down on U.S. Utility Patents, Finnegan (Mar. 10, 2026), https://www.finnegan.com/en/insights/articles/why-fashion-brands-are-doubling-down-on-us-utility-patents.html (last visited July 8, 2026).

[7]  Nike, Nike Flyknit, https://www.nike.com/flyknit (last visited July 8, 2026).