Are Squishmallows Patented?

Quick answer

Design patents only

Sort of. Kelly Toy (the maker) holds U.S. design patents on the distinctive marshmallow-shaped silhouette of specific Squishmallow characters, but plush toys themselves are not patentable.

What to know

• Build-A-Bear was sued by Kelly Toy in 2023 over the Skoosherz line allegedly copying the Squishmallow silhouette.
• The brand's collectible economy depends more on trademark and copyright (character names, faces) than on the underlying patent.

Have your own invention idea?

If a product like Squishmallows Plushcan get patent protection, your idea probably can too — assuming it’s novel. The cheapest first step is a provisional patent application, which locks in your priority date for 12 months while you validate the market. LegalZoom files provisionals from $199 + USPTO fees; you can also read the official USPTO patent basics first if you prefer.

Scan my idea for freeFile a provisional from $199

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