The Federal Government has proposed legislative amendments to the Patents Act 1990 to abolish the New Invention Idea, following recommendations by the Productivity Commission which it accepted last year. Together with a number of 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 might 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 had operated since 1979. It was created to stimulate local SMEs to innovate, primarily because it can 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 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 and so it seems to us that abolishing the Australian innovation patent is a retrograde move.

In the following video produced by IPTA, Australian business people present their independent views regarding the innovation patent as well as the ramifications should it be abolished. Australian innovators seeking IP protection may desire to give advance consideration towards the Australian innovation patent system although it still exists.

You’ve turned a great idea into a product or service and possess 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 How Do You Patent An Idea With Inventhelp, you can bring an infringement action against a duplicate-cat without having to submit evidence proving the trustworthiness of your trade mark. Your registered trade mark can be utilized to stop the infringing utilization of a company, business or product name.

Deterrence – Third parties may be asked to re-brand out of your registered trade mark, instead of risk an allegation of infringement. An authorized trade mark may supply you with a defence to an allegation of trade mark infringement raised by a third party. A continuing monopoly over your most valuable business asset. As long when 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.

And the best bit? Many of these benefits are offered nationwide – trade mark registrations are rarely susceptible to geographical limitations within Australia. On the other hand, unregistered (or “common law”) trade marks are geographically confined to wherever reputation can be proven. So, precisely what in the event you register? Often, a trade mark forms only a small portion of an overall brand. Your brand may be represented by a very distinctive font, logo or distinctive colours. Your unique business ethos and customer service goals might also frfuaj part of your brand. Whilst these things are very valuable from New Product Idea, it’s likely not every element can – or should – be protected as being a trade mark.

A registered Trade Marks Attorney can enable you to figure out what aspects of your branding might be best registered to maximise the strength of a trade mark registration, providing you with peace of mind that the value you’re building inside your brand is correctly protected.

How Do You Get A Patent..

We are using cookies on our website

Please confirm, if you accept our tracking cookies. You can also decline the tracking, so you can continue to visit our website without any data sent to third party services.