The Government has proposed legislative amendments to the Patents Act 1990 to get rid of the Ideas For Inventions, following recommendations by the Productivity Commission which it accepted a year ago. 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 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 that have operated since 1979. It was made to stimulate local SMEs to innovate, primarily because it can enable a faster and much more inexpensive path for protecting intellectual property which could not meet the inventive step requirement.
Second tier patent systems have already been successfully operating for a long time in numerous 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 and so it appears to us that abolishing the Australian innovation patent is really a retrograde move.
Inside the following video made by IPTA, Australian business people present their independent views regarding the New Product Idea 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 recommended into a service or product and have 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. Because the owner of a registered trade mark, you can bring an infringement action against a duplicate-cat while not having to submit evidence proving the reputation of your trade mark. Your registered trade mark can be used to avoid the infringing use of an organization, business or product name.
Deterrence – Third parties might be encouraged to re-brand away from your registered trade mark, as opposed to risk an allegation of infringement. An authorized trade mark may offer you a defence for 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 also you continue to apply your trade mark as registered, your trade mark registration can still protect your name/logo forever.
And the best bit? All of these benefits are supplied 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 can be proven. So, what exactly should you register? Often, a trade mark forms just a small percentage of a complete brand. Your brand might be represented by a very distinctive font, logo or distinctive colours. Your specific business ethos and Market An Invention Idea could also form part of your brand. Whilst these things are all very valuable from the marketing perspective, it’s likely not all element can – or should – be protected as being a trade mark.
A registered Trade Marks Attorney can help you figure out what aspects of your branding might be best registered to maximise the effectiveness of a trade mark registration, offering you reassurance the value you’re building in your brand is correctly protected.