The Government has proposed legislative amendments to the Patents Act 1990 to abolish the Inventhelp Office Locations, following recommendations by the Productivity Commission which it accepted last year. Together with several other industry groups, the Institute of Patent and Trade Mark Attorneys (IPTA) has been actively lobbying the us government to support the innovation patent and undertake further consultation to understand the impact abolition could 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 which had operated since 1979. It was created to stimulate local SMEs to innovate, primarily because it could enable a quicker and much more inexpensive means 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 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 appears to us that abolishing the Australian innovation patent is really a retrograde move.
In the following video produced by IPTA, Australian business owners present their independent views concerning the Patent Idea as well as the ramifications should it be abolished. Australian innovators seeking IP protection may decide to give advance consideration towards the Australian innovation patent system while it still exists.
You’ve turned a good idea into a service or product and have 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. As the owner of any registered trade mark, you can bring an infringement action against a duplicate-cat without having to submit evidence proving the reputation of your trade mark. Your registered trade mark can be used to avoid the infringing utilization of a business, business or product name.
Deterrence – Third parties could be motivated to re-brand out of your registered trade mark, as opposed to 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. As long as your renewal fees are paid every a decade and also you 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 supplied nationwide – trade mark registrations are rarely susceptible to geographical limitations within Australia. On the other hand, unregistered (or “common law”) trade marks vagrgq geographically restricted to wherever reputation may be proven. So, what precisely in the event you register? Often, a trade mark forms merely a small portion of a complete brand. Your brand could be represented by a very distinctive font, logo or distinctive colours. Your specific business ethos and Inventhelp Success could also form element of your brand. Whilst these things are very valuable coming from a marketing perspective, it’s likely not every element can – or should – be protected being a trade mark.
An authorized Trade Marks Attorney can help you figure out what aspects of your branding would be best registered to maximise the effectiveness of a trade mark registration, offering you reassurance that the value you’re building in your brand is correctly protected.