The Government has proposed legislative amendments to the Patents Act 1990 to get rid of the Invention Companies, following recommendations by the Productivity Commission which it accepted last year. Along with a number of 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 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 that had operated since 1979. It was created to stimulate local SMEs to innovate, primarily because it may enable a quicker and much more cost-effective path for protecting intellectual property that could not fulfill the inventive step requirement.
Second tier patent systems have already 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 generally seems to us that abolishing the Australian innovation patent is a retrograde move.
Within the following video made by IPTA, Australian business owners present their independent views about the Inventors Help 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 service or product and possess an incredible brand name and business 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 a registered trade mark, it is possible to bring an infringement action against a duplicate-cat without needing to submit evidence proving the reputation of your trade mark. Your registered trade mark could be used to prevent the infringing utilization of a company, business or product name.
Deterrence – Third parties could be asked to re-brand away 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 3rd party. A continuing monopoly over your most valuable business asset. So long as your renewal fees are paid every 10 years and you also continue to apply your trade mark as registered, your trade mark registration can continue to protect your name/logo forever.
And the best bit? All of these benefits are provided nationwide – trade mark registrations are rarely subjected to geographical limitations within Australia. On the contrary, unregistered (or “common law”) trade marks vagrgq geographically confined to wherever reputation may be proven. So, what exactly in case you register? Often, a trade mark forms merely a small percentage of an overall brand. Your brand could be represented with a very distinctive font, logo or distinctive colours. Your specific business ethos and Inventhelp George Foreman Commercials may also form element of your brand. Whilst this stuff are all very valuable coming from a marketing perspective, it’s likely not every element can – or should – be protected as being a trade mark.
An authorized Trade Marks Attorney can help you determine what elements of your branding might be best registered to maximise the effectiveness of a trade mark registration, offering you satisfaction the value you’re building in your brand is correctly protected.