The Federal Government has proposed legislative amendments to the Patents Act 1990 to abolish the Patent Invention, following recommendations by the Productivity Commission which it accepted last year. In addition to several other industry groups, the Institute of Patent and Trade Mark Attorneys (IPTA) has been actively lobbying the federal government to keep the innovation patent and undertake further consultation to understand the impact abolition might have on innovation, particularly with regards to 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 that had operated since 1979. It was made to stimulate local SMEs to innovate, primarily because it can enable a faster and a lot more cost-effective method for protecting intellectual property that may not meet the inventive step requirement.
Second tier patent systems have been successfully operating for any 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 seems to us that abolishing the Australian innovation patent is really a retrograde move.
Inside the following video created by IPTA, Australian business people present their independent views about the innovation patent and also the ramifications should it be abolished. Australian innovators seeking IP protection may desire to give advance consideration towards the Australian innovation patent system even though it still exists.
You’ve turned recommended into a product or service and have an amazing logo 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 Referral Services, 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 employed to stop the infringing use of a company, business or product name.
Deterrence – Third parties may be motivated to re-brand out of your registered trade mark, instead of risk an allegation of infringement. A registered trade mark may offer you a defence to 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 a decade and you 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 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 should you register? Often, a trade mark forms only a small part of a general brand. Your brand may be represented by way of a very distinctive font, logo or distinctive colours. Your unique business ethos and customer support goals might also frfuaj element of your brand. Whilst these items are very valuable from How To Build A Prototype With Inventhelp, it’s likely not all the element can – or should – be protected as being a trade mark.
An authorized Trade Marks Attorney can assist you to determine what aspects of your branding would be best registered to maximise the potency of a trade mark registration, offering you peace of mind that the value you’re building within your brand is correctly protected.