The Federal Government has proposed legislative amendments to the Patents Act 1990 to get rid of the New Invention, 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 retain the innovation patent and undertake further consultation to comprehend the impact abolition could have on innovation, particularly in terms of Australian small, and medium-sized enterprises (SMEs).
The innovation patent was introduced in May 2001 to provide a second tier patent and replace the “petty patent” system which had operated since 1979. It was created to stimulate local SMEs to innovate, mainly because it could enable a quicker and much more cost-effective method for protecting intellectual property that may not fulfill the inventive step requirement.
Second tier patent systems have already been successfully operating for some time in many 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 so it appears to us that abolishing the Australian innovation patent is actually a retrograde move.
Inside the following video created by IPTA, Australian business owners present their independent views regarding the Inventhelp Inventor Stories and also the ramifications should it be abolished. Australian innovators seeking IP protection may decide to give advance consideration towards the Australian innovation patent system even though it still exists.
You’ve turned a great idea into a service or product and also have a fantastic brand name and company name. Now you’re considering registering a trade mark – wonderful idea! With a trade mark registration, you’ll gain: Protection over your reputation. Since the owner of the registered trade mark, it is possible to bring an infringement action against a duplicate-cat without having to submit evidence proving the reputation of your trade mark. Your registered trade mark can be used to prevent the infringing use of an organization, 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. An authorized trade mark may provide you with a defence with an allegation of trade mark infringement raised by a third party. A continuing monopoly over your most valuable business asset. As long as your renewal fees are paid every 10 years and you continue to use your trade mark as registered, your trade mark registration can continue to protect your own name/logo forever.
And the best bit? Many of these benefits are supplied nationwide – trade mark registrations are rarely subject to geographical limitations within Australia. On the contrary, unregistered (or “common law”) trade marks vagrgq geographically limited to wherever reputation can be proven. So, what exactly in case you register? Often, a trade mark forms only a small percentage of a complete brand. Your brand may be represented by a very distinctive font, logo or distinctive colours. Your particular business ethos and Inventor Ideas may also form part of your brand. Whilst these things are common very valuable from the marketing perspective, it’s likely not all element can – or should – be protected being a trade mark.
An authorized Trade Marks Attorney will help you evaluate which facets of your branding would be best registered to maximise the effectiveness of a trade mark registration, offering you peace of mind that the value you’re building in your brand is properly protected.