The Federal Government has proposed legislative amendments to the Patents Act 1990 to abolish the Product Ideas, following recommendations by the Productivity Commission which it accepted last year. Together with a number of other industry groups, the Institute of Patent and Trade Mark Attorneys (IPTA) has been actively lobbying the federal government to retain the innovation patent and undertake further consultation to understand the impact abolition might have on innovation, particularly in relation to Australian small and medium-sized enterprises (SMEs).
The innovation patent was introduced in May 2001 to supply a second tier patent and replace the “petty patent” system which had operated since 1979. It was made to stimulate local SMEs to innovate, due to the fact it can enable a quicker and a lot more inexpensive means for protecting intellectual property that may not meet the inventive step requirement.
Second tier patent systems have already been successfully operating for any long amount of time in many overseas countries, including China and Germany where they’re called “utility models”. Our firm helps numerous local clients protect their new and valuable products so it generally seems to us that abolishing the Australian innovation patent is really a retrograde move.
In the following video created by IPTA, Australian company owners present their independent views regarding the innovation patent and also the ramifications should it be abolished. Australian innovators seeking IP protection may desire to give advance consideration to the Australian innovation patent system even though it still exists.
You’ve turned a great idea into a service or product and also have an incredible brand name and company name. Now you’re considering registering a trade mark – wonderful idea! Using a trade mark registration, you’ll gain: Protection over your reputation. Since the owner of Inventhelp Product Licensing, you can bring an infringement action against a duplicate-cat without having to submit evidence proving the trustworthiness of your trade mark. Your registered trade mark can be employed to prevent the infringing use of a company, business or product name.
Deterrence – Third parties may be asked to re-brand from your registered trade mark, instead of risk an allegation of infringement. A registered trade mark may provide you with a defence for an allegation of trade mark infringement raised by a third party. A continuing monopoly over your most valuable business asset. As long when your renewal fees are paid every a decade and you continue to apply your trade mark as registered, your trade mark registration can carry on and protect your own name/logo forever.
As well as the best bit? Most of these benefits are provided nationwide – trade mark registrations are rarely subject to geographical limitations within Australia. On the other hand, unregistered (or “common law”) trade marks are geographically confined to wherever reputation can be proven. So, what exactly in case you register? Often, a trade mark forms only a small portion of a general brand. Your brand may be represented by a very distinctive font, logo or distinctive colours. Your unique business ethos and customer service goals might also frfuaj part of your brand. Whilst these things are common very valuable from How To Get Something Patented With Inventhelp, it’s likely not all the element can – or should – be protected being a trade mark.
An authorized Trade Marks Attorney can help you figure out what facets of your branding would be best registered to maximise the strength of a trade mark registration, offering you peace of mind that the value you’re building in your brand is correctly protected.