The Federal Government has proposed legislative amendments to the Patents Act 1990 to abolish the How To Patent An Idea, following recommendations by the Productivity Commission which it accepted last year. Along with several other industry groups, the Institute of Patent and Trade Mark Attorneys (IPTA) has been actively lobbying the Government to retain the innovation patent and undertake further consultation to understand 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 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, mainly because 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 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 seems to us that abolishing the Australian innovation patent is actually a retrograde move.
Within the following video made by IPTA, Australian business people 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 a great idea into a service or product and have an amazing brand name and business name. Now you’re considering registering a trade mark – wonderful idea! With a trade mark registration, you’ll gain: Protection over your reputation. As the owner of I Have An Invention Idea Now What, you can bring an infringement action against a copy-cat while not having to submit evidence proving the trustworthiness of your trade mark. Your registered trade mark can be utilized to stop the infringing usage of a company, business or product name.
Deterrence – Third parties may be motivated to re-brand away from your registered trade mark, instead of risk an allegation of infringement. An authorized trade mark may provide you with 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 a decade and you also continue to use your trade mark as registered, your trade mark registration can continue to protect your own name/logo forever.
As well as the best bit? All 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 are geographically limited to wherever reputation can be proven. So, what precisely in case you register? Often, a trade mark forms just a small part of an overall brand. Your brand may be represented by way of a very distinctive font, logo or distinctive colours. Your unique business ethos and customer service goals might also frfuaj element of your brand. Whilst these things are very valuable from Idea Help, it’s likely not all the element can – or should – be protected as being a trade mark.
A registered Trade Marks Attorney can enable you to determine what aspects of your branding would 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 correctly protected.