The Federal Government has proposed legislative amendments to the Patents Act 1990 to abolish the Inventhelp Innovation News, following recommendations by the Productivity Commission which it accepted this past year. Together with 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 know 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 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, primarily because it can enable a faster and more inexpensive path for protecting intellectual property which 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 appears to us that abolishing the Australian innovation patent is actually a retrograde move.
Inside the following video made by IPTA, Australian business owners present their independent views about the Inventhelp News and the ramifications should it be abolished. Australian innovators seeking IP protection may decide to give advance consideration to the Australian innovation patent system even though it still exists.
You’ve turned a great idea into a service or product and also have a fantastic brand name and company name. Now you’re considering registering a trade mark – wonderful idea! Using a trade mark registration, you’ll gain: Protection over your reputation. Because the owner of the registered trade mark, you can bring an infringement action against a duplicate-cat without needing to submit evidence proving the standing of your trade mark. Your registered trade mark may be used to avoid the infringing usage of a company, business or product name.
Deterrence – Third parties may be motivated to re-brand out of your registered trade mark, as opposed to risk an allegation of infringement. An authorized trade mark may supply you with a defence for an allegation of trade mark infringement raised by a 3rd party. A continuing monopoly over your most valuable business asset. Provided that your renewal fees are paid every 10 years and also you continue to use your trade mark as registered, your trade mark registration can carry on and protect your own name/logo forever.
As well as the best bit? Most 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 vagrgq geographically limited to wherever reputation can be proven. So, precisely what in the event you register? Often, a trade mark forms only a small portion of an overall brand. Your brand could be represented by way of a very distinctive font, logo or distinctive colours. Your specific business ethos and How Do You Get A Patent may also form element of your brand. Whilst these items are common 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 will help you determine what facets of your branding would be best registered to maximise the strength of a trade mark registration, giving you satisfaction that the value you’re building within your brand is properly protected.