The Government has proposed legislative amendments to the Patents Act 1990 to abolish the How To Get A Patent, following recommendations by the Productivity Commission which it accepted this past year. In addition to a few other industry groups, the Institute of Patent and Trade Mark Attorneys (IPTA) has been actively lobbying the us government to keep the innovation patent and undertake further consultation to comprehend the impact abolition may 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 that have operated since 1979. It was created to stimulate local SMEs to innovate, due to the fact it could enable a faster and much more cost-effective path for protecting intellectual property which could not fulfill the inventive step requirement.
Second tier patent systems have been successfully operating for a long time in lots of overseas countries, including China and Germany where they’re called “utility models”. Our firm has helped numerous local clients protect their new and valuable products and so it appears to us that abolishing the Australian innovation patent is really a retrograde move.
Within the following video created by IPTA, Australian business owners present their independent views concerning the How To Patent A Product Idea and the ramifications should it be abolished. Australian innovators seeking IP protection may wish to give advance consideration towards the Australian innovation patent system even though it still exists.
You’ve turned a good idea into a product or service and also have an incredible brand name and business name. Now you’re considering registering a trade mark – wonderful idea! Having a trade mark registration, you’ll gain: Protection over your reputation. Since the owner of any registered trade mark, you can bring an infringement action against a duplicate-cat without having to submit evidence proving the reputation of your trade mark. Your registered trade mark could be used to prevent the infringing use of a company, business or product name.
Deterrence – Third parties may be motivated to re-brand from your registered trade mark, as opposed to risk an allegation of infringement. A registered trade mark may offer you a defence to an allegation of trade mark infringement raised by a 3rd party. A continuing monopoly over your most valuable business asset. Provided that your renewal fees are paid every a decade and also you continue to apply your trade mark as registered, your trade mark registration can still protect your company name/logo forever.
As well as the best bit? Many 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 vagrgq geographically limited to wherever reputation could be proven. So, what exactly in case you register? Often, a trade mark forms merely a small portion of an overall brand. Your brand could be represented by a very distinctive font, logo or distinctive colours. Your particular business ethos and Inventhelp Phone Number could also form part of your brand. Whilst this stuff are very valuable from the marketing perspective, it’s likely not every element can – or should – be protected being a trade mark.
An authorized Trade Marks Attorney will help you figure out what elements of your branding would be best registered to maximise the potency of a trade mark registration, providing you with peace of mind the value you’re building inside your brand is correctly protected.