The Government has proposed legislative amendments to the Patents Act 1990 to abolish the How To Patent An Idea With Inventhelp, following recommendations by the Productivity Commission which it accepted last year. Together with a number of 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 in relation 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 have operated since 1979. It was created to stimulate local SMEs to innovate, mainly because it can enable a quicker and much 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 a long amount of time in many 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 so it appears to us that abolishing the Australian innovation patent is a retrograde move.
Within the following video created by IPTA, Australian business owners present their independent views regarding the innovation patent and also the ramifications should it be abolished. Australian innovators seeking IP protection may want to give advance consideration to the Australian innovation patent system while it still exists.
You’ve turned a great idea into a product or service and possess an incredible brand name and business name. Now you’re considering registering a trade mark – wonderful idea! Having a trade mark registration, you’ll gain: Protection over your reputation. Since the owner of Idea Patent, you can bring an infringement action against a duplicate-cat without having to submit evidence proving the reputation of your trade mark. Your registered trade mark can be utilized to avoid the infringing usage of a company, business or product name.
Deterrence – Third parties may be asked to re-brand out of your registered trade mark, as opposed to risk an allegation of infringement. A registered trade mark may supply you with a defence with an allegation of trade mark infringement raised by a 3rd party. A continuing monopoly over your most valuable business asset. As long as your renewal fees are paid every ten years and you continue to apply your trade mark as registered, your trade mark registration can continue to protect your own name/logo forever.
As well as the best bit? Most of these benefits are provided nationwide – trade mark registrations are rarely subjected 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 in the event 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 particular business ethos and customer support goals might also frfuaj element of your brand. Whilst these things are common very valuable from Make A New Invention, 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 elements of your branding might be best registered to maximise the strength of a trade mark registration, providing you with peace of mind that this value you’re building within your brand is correctly protected.