The Government has proposed legislative amendments to the Patents Act 1990 to get rid of the Inventhelp Pittsburgh, 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 federal government to keep the innovation patent and undertake further consultation to know the impact abolition could have on innovation, particularly with regards 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 had operated since 1979. It was created to stimulate local SMEs to innovate, mainly because it could enable a quicker and much more inexpensive path for protecting intellectual property that could not fulfill the inventive step requirement.
Second tier patent systems have already been successfully operating for a long period in numerous 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 generally seems to us that abolishing the Australian innovation patent is a retrograde move.
In the following video produced by IPTA, Australian business owners present their independent views about the Inventions Ideas as well as the ramifications should it be abolished. Australian innovators seeking IP protection may decide to give advance consideration for the Australian innovation patent system even though it still exists.
You’ve turned a good idea into a product or service and possess an amazing brand name and business name. Now you’re considering registering a trade mark – wonderful idea! Having a trade mark registration, you’ll gain: Protection over your reputation. Since the owner of a registered trade mark, you can bring an infringement action against a duplicate-cat without needing to submit evidence proving the reputation of your trade mark. Your registered trade mark could be used to stop the infringing utilization of a business, business or product name.
Deterrence – Third parties might be asked to re-brand from 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 ten years and you continue to apply your trade mark as registered, your trade mark registration can carry on and protect your name/logo forever.
As well as the best bit? All of these benefits are offered nationwide – trade mark registrations are rarely subjected to geographical limitations within Australia. On the contrary, unregistered (or “common law”) trade marks vagrgq geographically confined to wherever reputation can be proven. So, precisely what should you register? Often, a trade mark forms just a small percentage of a general brand. Your brand could be represented with a very distinctive font, logo or distinctive colours. Your specific business ethos and How To Submit A Patent could also form element of your brand. Whilst these things are very valuable from a marketing perspective, it’s likely not every element can – or should – be protected as a trade mark.
An authorized Trade Marks Attorney will help you evaluate which facets of your branding might be best registered to maximise the potency of a trade mark registration, offering you reassurance that this value you’re building within your brand is correctly protected.