The Federal Government has proposed legislative amendments to the Patents Act 1990 to get rid of the Inventhelp Wiki, following recommendations by the Productivity Commission which it accepted a year ago. Together with a number of other industry groups, the Institute of Patent and Trade Mark Attorneys (IPTA) has been actively lobbying the Government to support 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 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 may enable a faster and a lot more inexpensive method for protecting intellectual property that could not fulfill the inventive step requirement.
Second tier patent systems have already been successfully operating for a long time in many overseas countries, including China and Germany where they’re called “utility models”. Our firm helps numerous local clients protect their new and valuable products so it appears to us that abolishing the Australian innovation patent is a retrograde move.
Within the following video created by IPTA, Australian business people present their independent views about the Inventhelp Inventor Service and the ramifications should it be abolished. Australian innovators seeking IP protection may wish to give advance consideration for the Australian innovation patent system although it still exists.
You’ve turned a great idea into a product or service and also have an amazing brand name and business 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 a registered trade mark, you are able to bring an infringement action against a duplicate-cat while not having to submit evidence proving the reputation of your trade mark. Your registered trade mark can be used to avoid the infringing use of an organization, business or product name.
Deterrence – Third parties might be motivated to re-brand away from your registered trade mark, instead of risk an allegation of infringement. A registered trade mark may provide you with 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 also you continue to apply your trade mark as registered, your trade mark registration can continue to protect your name/logo forever.
And also 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 limited to wherever reputation may be proven. So, precisely what should you register? Often, a trade mark forms only a small part of an overall brand. Your brand might be represented by way of a very distinctive font, logo or distinctive colours. Your unique business ethos and Inventhelp Store Products could also form a part of your brand. Whilst this stuff are all very valuable from the marketing perspective, it’s likely not all element can – or should – be protected as a trade mark.
An authorized Trade Marks Attorney can help you evaluate which elements of your branding would be best registered to maximise the strength of a trade mark registration, providing you with reassurance that this value you’re building in your brand is correctly protected.