The Federal Government has proposed legislative amendments to the Patents Act 1990 to abolish the Inventhelp Company, following recommendations by the Productivity Commission which it accepted last year. In addition to a number of other industry groups, the Institute of Patent and Trade Mark Attorneys (IPTA) has been actively lobbying the Government to keep the innovation patent and undertake further consultation to understand the impact abolition might have on innovation, particularly in terms of 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 had operated since 1979. It was made to stimulate local SMEs to innovate, due to the fact it can enable a faster and a lot more cost-effective means for protecting intellectual property that may not satisfy 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 helps numerous local clients protect their new and valuable products and so it generally seems to us that abolishing the Australian innovation patent is really a retrograde move.
Inside the following video created by IPTA, Australian business owners present their independent views concerning the innovation patent and the ramifications should it be abolished. Australian innovators seeking IP protection may desire to give advance consideration to the Australian innovation patent system while it still exists.
You’ve turned recommended into a product or service and possess an amazing 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 Ideas For Inventions, you can 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 employed to avoid the infringing use of a company, business or product name.
Deterrence – Third parties may be asked to re-brand away from your registered trade mark, rather than risk an allegation of infringement. A registered trade mark may offer you a defence with an allegation of trade mark infringement raised by a third party. A continuing monopoly over your most valuable business asset. As long as the renewal fees are paid every 10 years and also you continue to apply your trade mark as registered, your trade mark registration can still protect your company name/logo forever.
And the best bit? All of these benefits are offered nationwide – trade mark registrations are rarely susceptible to geographical limitations within Australia. On the other hand, unregistered (or “common law”) trade marks are geographically limited to wherever reputation can be proven. So, precisely what should you register? Often, a trade mark forms only a small part of a complete brand. Your brand may be represented by a very distinctive font, logo or distinctive colours. Your particular business ethos and customer support goals might also frfuaj part of your brand. Whilst this stuff are all very valuable from Inventhelp George Foreman Commercials, it’s likely not all the element can – or should – be protected as being a trade mark.
A registered Trade Marks Attorney can assist you to figure out what aspects of your branding would be best registered to maximise the effectiveness of a trade mark registration, providing you with peace of mind that this value you’re building within your brand is properly protected.