The Federal Government has proposed legislative amendments to the Patents Act 1990 to get rid of the Inventhelp Office Locations, following recommendations by the Productivity Commission which it accepted last year. Together with several 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 know 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 created to stimulate local SMEs to innovate, mainly because it could enable a quicker and much more inexpensive means for protecting intellectual property that may not satisfy the inventive step requirement.
Second tier patent systems have been successfully operating for a long period in lots of 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 generally seems to us that abolishing the Australian innovation patent is a retrograde move.
Inside the following video created by IPTA, Australian business owners present their independent views concerning the New Invention Idea as well as the ramifications should it be abolished. Australian innovators seeking IP protection may decide to give advance consideration for the Australian innovation patent system although it still exists.
You’ve turned recommended into a service or product and have a fantastic brand name 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. Since the owner of the registered trade mark, you are able to bring an infringement action against a duplicate-cat without having to submit evidence proving the reputation of your trade mark. Your registered trade mark could be used to prevent the infringing utilization of an organization, business or product name.
Deterrence – Third parties might be encouraged to re-brand out of your registered trade mark, as opposed to risk an allegation of infringement. A registered trade mark may provide 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? Many of these benefits are provided nationwide – trade mark registrations are rarely susceptible to geographical limitations within Australia. On the other hand, unregistered (or “common law”) trade marks vagrgq geographically restricted to wherever reputation can be proven. So, what exactly should you register? Often, a trade mark forms just a small percentage of an overall brand. Your brand could be represented with a very distinctive font, logo or distinctive colours. Your specific business ethos and Inventhelp Caveman could also form part of your brand. Whilst these items are common very valuable from a marketing perspective, it’s likely not all element can – or should – be protected as a trade mark.
A registered Trade Marks Attorney will help you evaluate which elements of your branding might be best registered to maximise the potency of a trade mark registration, giving you satisfaction that this value you’re building within your brand is correctly protected.