The Federal Government has proposed legislative amendments to the Patents Act 1990 to abolish the Inventhelp Invention Marketing, following recommendations by the Productivity Commission which it accepted this past year. Along with a few 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 comprehend 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 which had operated since 1979. It was created to stimulate local SMEs to innovate, primarily because it could enable a faster and more cost-effective path for protecting intellectual property that could 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 helps numerous local clients protect their new and valuable products so it generally seems to us that abolishing the Australian innovation patent is really a retrograde move.
In the following video created by IPTA, Australian company owners present their independent views about the New Ideas For Inventions and the ramifications should it be abolished. Australian innovators seeking IP protection may decide to give advance consideration for the Australian innovation patent system while it still exists.
You’ve turned a great idea into a service or product and also have an incredible logo and company name. Now you’re considering registering a trade mark – wonderful idea! Having a trade mark registration, you’ll gain: Protection over your reputation. As the owner of a registered trade mark, you can bring an infringement action against a copy-cat without needing to submit evidence proving the reputation of your trade mark. Your registered trade mark may be used to prevent the infringing use of a business, 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. An authorized trade mark may offer you a defence for an allegation of trade mark infringement raised by a third party. A continuing monopoly over your most valuable business asset. So long as your renewal fees are paid every 10 years and you continue to apply your trade mark as registered, your trade mark registration can still protect your name/logo forever.
And also the best bit? All of these benefits are offered nationwide – trade mark registrations are rarely subject to geographical limitations within Australia. On the other hand, unregistered (or “common law”) trade marks vagrgq geographically limited to wherever reputation may be proven. So, what exactly in the event you register? Often, a trade mark forms merely a small percentage of an overall brand. Your brand may be represented by a very distinctive font, logo or distinctive colours. Your particular business ethos and Inventhelp Product Development may also form a part of your brand. Whilst this stuff are all very valuable coming from a marketing perspective, it’s likely not all element can – or should – be protected being a trade mark.
A registered Trade Marks Attorney will help you determine what aspects of your branding would be best registered to maximise the potency of a trade mark registration, providing you with reassurance that the value you’re building in your brand is correctly protected.