The Federal Government has proposed legislative amendments to the Patents Act 1990 to abolish the Patenting An Idea, following recommendations by the Productivity Commission which it accepted this past year. In addition to a few 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 comprehend 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 can enable a quicker and more inexpensive method for protecting intellectual property that may not meet the inventive step requirement.
Second tier patent systems have already 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 a retrograde move.
Inside the following video made by IPTA, Australian business owners present their independent views regarding the Ideas For Inventions as well as the ramifications should it be abolished. Australian innovators seeking IP protection may wish to give advance consideration towards the Australian innovation patent system although it still exists.
You’ve turned a good idea into a product or service and also have 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 any registered trade mark, you are able to bring an infringement action against a copy-cat while not having to submit evidence proving the standing of your trade mark. Your registered trade mark could be used to prevent the infringing use of a business, business or product name.
Deterrence – Third parties could be encouraged to re-brand out of your registered trade mark, rather than risk an allegation of infringement. An authorized 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. Provided that your renewal fees are paid every a decade and you continue to apply your trade mark as registered, your trade mark registration can still protect your own name/logo forever.
As well as the best bit? Most of these benefits are supplied nationwide – trade mark registrations are rarely subjected to geographical limitations within Australia. On the contrary, unregistered (or “common law”) trade marks vagrgq geographically limited to wherever reputation can be proven. So, what precisely in case you register? Often, a trade mark forms just a small percentage of a complete brand. Your brand might be represented with a very distinctive font, logo or distinctive colours. Your particular business ethos and Inventhelp Products may also form part of your brand. Whilst these items are common very valuable coming from a marketing perspective, it’s likely not every element can – or should – be protected as being a trade mark.
An authorized Trade Marks Attorney can help you determine what elements of your branding would be best registered to maximise the strength of a trade mark registration, giving you satisfaction that the value you’re building inside your brand is properly protected.