The Government has proposed legislative amendments to the Patents Act 1990 to abolish the I Want To Patent My Idea, following recommendations by the Productivity Commission which it accepted last year. In addition to a few other industry groups, the Institute of Patent and Trade Mark Attorneys (IPTA) has been actively lobbying the Government to keep the innovation patent and undertake further consultation to know 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, due to the fact it can enable a quicker and a lot more inexpensive path for protecting intellectual property that may not fulfill the inventive step requirement.
Second tier patent systems have already been successfully operating to get a 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 a retrograde move.
Within the following video created by IPTA, Australian business people present their independent views about the innovation patent 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 great 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! Using a trade mark registration, you’ll gain: Protection over your reputation. As the owner of Inventhelp Patent Information, you can bring an infringement action against a duplicate-cat without having to submit evidence proving the standing of your trade mark. Your registered trade mark can be used to prevent the infringing usage of a company, business or product name.
Deterrence – Third parties may be encouraged to re-brand away from your registered trade mark, as opposed to risk an allegation of infringement. A registered trade mark may offer you 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 when your renewal fees are paid every 10 years and you also continue to use your trade mark as registered, your trade mark registration can continue to protect your own name/logo forever.
As well as the best bit? All 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 restricted to wherever reputation can be proven. So, what precisely in case you register? Often, a trade mark forms merely a small part of an overall brand. Your brand may be represented with a very distinctive font, logo or distinctive colours. Your specific business ethos and customer care goals might also frfuaj element of your brand. Whilst these things are all very valuable from New Ideas For Inventions, it’s likely not all 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, giving you peace of mind the value you’re building within your brand is properly protected.