The Government has proposed legislative amendments to the Patents Act 1990 to get rid of the Market An Invention Idea, following recommendations by the Productivity Commission which it accepted a year ago. In addition to several other industry groups, the Institute of Patent and Trade Mark Attorneys (IPTA) has been actively lobbying the Government to support the innovation patent and undertake further consultation to comprehend the impact abolition may have on innovation, particularly in terms of 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 created to stimulate local SMEs to innovate, primarily because it can enable a faster and much more inexpensive means for protecting intellectual property that could not satisfy the inventive step requirement.
Second tier patent systems have been successfully operating for some time in numerous 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 seems to us that abolishing the Australian innovation patent is actually a retrograde move.
Inside the following video created by IPTA, Australian business people present their independent views regarding the Inventhelp Store Products as well as the ramifications should it be abolished. Australian innovators seeking IP protection may wish to give advance consideration to the Australian innovation patent system although it still exists.
You’ve turned a great idea into a service or product and possess 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. As the owner of any registered trade mark, you are able to bring an infringement action against a copy-cat without needing to submit evidence proving the reputation of your trade mark. Your registered trade mark may be used to stop the infringing utilization of an organization, business or product name.
Deterrence – Third parties might be asked to re-brand from your registered trade mark, instead of risk an allegation of infringement. An authorized trade mark may provide you with a defence to an allegation of trade mark infringement raised by a third party. A continuing monopoly over your most valuable business asset. Provided that your renewal fees are paid every ten years and you also continue to use your trade mark as registered, your trade mark registration can continue to protect your name/logo forever.
And the best bit? Many of these benefits are provided nationwide – trade mark registrations are rarely subject to geographical limitations within Australia. On the contrary, unregistered (or “common law”) trade marks vagrgq geographically confined to wherever reputation can be proven. So, precisely what in case you register? Often, a trade mark forms merely a small percentage of an overall brand. Your brand may be represented with a very distinctive font, logo or distinctive colours. Your unique business ethos and Inventhelp Phone Number could also form part of your brand. Whilst this stuff are common very valuable coming from a marketing perspective, it’s likely not all element can – or should – be protected being a trade mark.
An authorized Trade Marks Attorney can help you evaluate which facets of your branding would be best registered to maximise the effectiveness of a trade mark registration, offering you reassurance the value you’re building inside your brand is properly protected.