The Government has proposed legislative amendments to the Patents Act 1990 to abolish the Invention Companies, following recommendations by the Productivity Commission which it accepted this past year. Along with a few other industry groups, the Institute of Patent and Trade Mark Attorneys (IPTA) has been actively lobbying the Government to retain the innovation patent and undertake further consultation to know the impact abolition may 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 have operated since 1979. It was created to stimulate local SMEs to innovate, mainly because it may enable a faster and more cost-effective path for protecting intellectual property that could not fulfill the inventive step requirement.
Second tier patent systems happen to be 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 seems to us that abolishing the Australian innovation patent is a retrograde move.
In the following video produced by IPTA, Australian business owners present their independent views concerning the Inventors Help 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 even though it still exists.
You’ve turned a great idea into a service or product and also have a fantastic 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 the registered trade mark, it is possible to bring an infringement action against a copy-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 a company, business or product name.
Deterrence – Third parties might be asked to re-brand away from your registered trade mark, rather than risk an allegation of infringement. A registered trade mark may supply you with a defence to an allegation of trade mark infringement raised by a third party. A continuing monopoly over your most valuable business asset. So long as 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 company 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 restricted to wherever reputation may be proven. So, what precisely in case you register? Often, a trade mark forms just a small percentage of a general brand. Your brand could be represented by way of a very distinctive font, logo or distinctive colours. Your unique business ethos and New Invention Ideas could also form element of your brand. Whilst this stuff are common very valuable from a marketing perspective, it’s likely not all the element can – or should – be protected as being a trade mark.
An authorized Trade Marks Attorney may help you figure out what aspects of your branding might be best registered to maximise the effectiveness of a trade mark registration, providing you with peace of mind that this value you’re building in your brand is correctly protected.