The Federal Government has proposed legislative amendments to the Patents Act 1990 to abolish the How Do You Patent An Idea, following recommendations by the Productivity Commission which it accepted last year. In addition to a few 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 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 which had operated since 1979. It was made to stimulate local SMEs to innovate, primarily because it can enable a quicker and a lot more inexpensive method for protecting intellectual property that may not meet the inventive step requirement.

Second tier patent systems have been successfully operating for a long period 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 actually a retrograde move.

Inside the following video created by IPTA, Australian company 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 towards the Australian innovation patent system while it still exists.

You’ve turned recommended into a product or service and possess an incredible logo 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. As the owner of Famous Inventors, you can bring an infringement action against a copy-cat without needing to submit evidence proving the standing 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 encouraged to re-brand from your registered trade mark, instead of 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 when your renewal fees are paid every a decade and also you continue to use your trade mark as registered, your trade mark registration can still protect your company name/logo forever.

And also the best bit? Many 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 case you register? Often, a trade mark forms only a small part of a general brand. Your brand may be represented by a very distinctive font, logo or distinctive colours. Your specific business ethos and customer support goals might also frfuaj a part of your brand. Whilst this stuff are all very valuable from How To Patent An Idea With Inventhelp, it’s likely not every element can – or should – be protected as being a trade mark.

A registered Trade Marks Attorney can enable you to determine what elements of your branding might be best registered to maximise the effectiveness of a trade mark registration, giving you peace of mind the value you’re building in your brand is properly protected.

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