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Question: I have an idea for starting my own business on the internet. I would like to sell dog clothing. I would make my own clothes for the dogs. Do I need a patent for clothing? What happens if I accidentally duplicate a clothing item, which someone has already come up with?

Answer: This is just a general summary and it would be best if you discussed the issue with a registered patent attorney. Please be advised that I do not know the details of any particular situation you may have, and am just discussing the general state of the law.

In order to obtain a patent on clothing the clothing must be new, novel and not obvious. If your dog clothing is similar to what is already out there then it is doubtful you would be able to obtain patent protection on your clothing. Also, it would be relatively difficult for somebody else to obtain a patent on dog clothing that was similar to what is current available. If you are very concerned about infringing on somebody else’s patent, then you can have a prior art search done to determine if somebody else has a patent on your idea. Again, I suggest you contact a registered patent attorney to discuss the specifics of your problem.