The Government has proposed legislative amendments to the Patents Act 1990 to abolish the How To Prototype An Invention, following recommendations by the Productivity Commission which it accepted last year. Together with several 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 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 provide a second tier patent and replace the “petty patent” system which had operated since 1979. It was made to stimulate local SMEs to innovate, primarily because it can enable a faster and much more inexpensive method for protecting intellectual property that may not satisfy the inventive step requirement.
Second tier patent systems have been successfully operating for a long 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 and so it appears to us that abolishing the Australian innovation patent is actually a retrograde move.
Within the following video created by IPTA, Australian business people present their independent views concerning 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 although it still exists.
You’ve turned a good idea into a product or service and possess 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. As the owner of A New Invention, you can bring an infringement action against a duplicate-cat without needing to submit evidence proving the standing of your trade mark. Your registered trade mark can be employed to prevent the infringing usage of a company, business or product name.
Deterrence – Third parties may be encouraged to re-brand from your registered trade mark, as opposed to risk an allegation of infringement. An authorized trade mark may supply you with a defence for an allegation of trade mark infringement raised by a 3rd party. A continuing monopoly over your most valuable business asset. As long as your renewal fees are paid every ten years and you also continue to apply your trade mark as registered, your trade mark registration can still protect your own name/logo forever.
As well as the best bit? Most of these benefits are offered 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 precisely in case you register? Often, a trade mark forms just a small portion of a general brand. Your brand may be represented by a very distinctive font, logo or distinctive colours. Your particular business ethos and customer service goals might also frfuaj a part of your brand. Whilst these items are all very valuable from How Do You Get A Patent With Inventhelp, it’s likely not all the element can – or should – be protected being a trade mark.
A registered Trade Marks Attorney can help you determine what aspects of your branding might be best registered to maximise the potency of a trade mark registration, offering you peace of mind that the value you’re building in your brand is properly protected.