The Government has proposed legislative amendments to the Patents Act 1990 to abolish the How To Patent Your Idea, following recommendations by the Productivity Commission which it accepted a year ago. Together with several other industry groups, the Institute of Patent and Trade Mark Attorneys (IPTA) has been actively lobbying the federal government to retain the innovation patent and undertake further consultation to know 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 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, due to the fact it could enable a quicker and a lot more cost-effective means for protecting intellectual property that may not meet the inventive step requirement.
Second tier patent systems happen to be successfully operating for a long period in lots of 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 actually a retrograde move.
In the following video produced by IPTA, Australian company owners present their independent views concerning the Inventhelp Success and the ramifications should it be abolished. Australian innovators seeking IP protection may wish to give advance consideration towards the Australian innovation patent system even though it still exists.
You’ve turned a great idea into a product or service and have an incredible logo 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. Because the owner of any registered trade mark, 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 may be used to stop the infringing usage of a company, business or product name.
Deterrence – Third parties might be asked to re-brand from your registered trade mark, instead of risk an allegation of infringement. An authorized trade mark may provide you with a defence for an allegation of trade mark infringement raised by a third party. A continuing monopoly over your most valuable business asset. Provided that your renewal fees are paid every a decade and you also continue to apply your trade mark as registered, your trade mark registration can still protect your name/logo forever.
And the best bit? All 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 vagrgq geographically confined to wherever reputation can be proven. So, precisely what in case you register? Often, a trade mark forms only a small portion of a general brand. Your brand might be represented by way of a very distinctive font, logo or distinctive colours. Your particular business ethos and File A Patent could also form part of your brand. Whilst these items are common very valuable from the marketing perspective, it’s likely not every element can – or should – be protected being a trade mark.
An authorized Trade Marks Attorney may help you evaluate which elements of your branding might be best registered to maximise the effectiveness of a trade mark registration, providing you with peace of mind the value you’re building within your brand is properly protected.