The Federal Government has proposed legislative amendments to the Patents Act 1990 to get rid of the How To Get A Patent For An Idea, following recommendations by the Productivity Commission which it accepted a year ago. Together with a number of other industry groups, the Institute of Patent and Trade Mark Attorneys (IPTA) has been actively lobbying the us government to support the innovation patent and undertake further consultation to comprehend 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 provide a second tier patent and replace the “petty patent” system that have operated since 1979. It was made to stimulate local SMEs to innovate, primarily because it could enable a quicker and more inexpensive path for protecting intellectual property that may not fulfill the inventive step requirement.
Second tier patent systems happen to be successfully operating for a long 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 and so it appears to us that abolishing the Australian innovation patent is a retrograde move.
In the following video made by IPTA, Australian business owners present their independent views regarding the Ideas For Inventions and also the ramifications should it be abolished. Australian innovators seeking IP protection may decide to give advance consideration towards the Australian innovation patent system although it still exists.
You’ve turned a good idea into a service or product and possess an incredible logo and company name. Now you’re considering registering a trade mark – wonderful idea! With 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 can be used to stop the infringing usage of a company, business or product name.
Deterrence – Third parties could be asked to re-brand from your registered trade mark, rather than 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 as your renewal fees are paid every ten years and you also continue to apply your trade mark as registered, your trade mark registration can still protect your name/logo forever.
And also the best bit? Most of these benefits are offered nationwide – trade mark registrations are rarely susceptible to geographical limitations within Australia. On the contrary, unregistered (or “common law”) trade marks vagrgq geographically confined to wherever reputation could be proven. So, what exactly should you register? Often, a trade mark forms merely a small percentage of a complete brand. Your brand might be represented by a very distinctive font, logo or distinctive colours. Your specific business ethos and Inventhelp Tv Commercial might also form part of your brand. Whilst this stuff are common very valuable coming 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 evaluate which facets of your branding might be best registered to maximise the strength of a trade mark registration, providing you with reassurance that this value you’re building within your brand is properly protected.