The Federal Government has proposed legislative amendments to the Patents Act 1990 to abolish the How Do I Get A Patent, following recommendations by the Productivity Commission which it accepted last year. Together with a few 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 with regards to Australian small and medium-sized enterprises (SMEs).
The innovation patent was introduced in May 2001 to supply a second tier patent and replace the “petty patent” system which had operated since 1979. It was made to stimulate local SMEs to innovate, mainly because it can enable a faster and much more inexpensive method for protecting intellectual property that may not satisfy the inventive step requirement.
Second tier patent systems have already been successfully operating for a long amount of time in many 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.
Inside the following video created by IPTA, Australian business people present their independent views about the innovation patent as well as the ramifications should it be abolished. Australian innovators seeking IP protection may want to give advance consideration to the Australian innovation patent system while it still exists.
You’ve turned a good idea into a service or product and possess an amazing brand name 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. Because the owner of I Have An Invention Idea Now What, you can bring an infringement action against a duplicate-cat without needing to submit evidence proving the trustworthiness of your trade mark. Your registered trade mark can be used to stop the infringing use of a company, business or product name.
Deterrence – Third parties may be asked to re-brand from your registered trade mark, as opposed to risk an allegation of infringement. An authorized trade mark may provide you with a defence with an allegation of trade mark infringement raised by a third party. A continuing monopoly over your most valuable business asset. As long as the renewal fees are paid every 10 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? Most of these benefits are provided nationwide – trade mark registrations are rarely susceptible to geographical limitations within Australia. On the other hand, unregistered (or “common law”) trade marks are geographically limited to wherever reputation can be proven. So, precisely what should you register? Often, a trade mark forms just 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 customer service goals might also frfuaj a part of your brand. Whilst these items are very valuable from How To Patent Ideas, it’s likely not every element can – or should – be protected as a trade mark.
A registered Trade Marks Attorney can assist you to evaluate which aspects of your branding might be best registered to maximise the potency of a trade mark registration, giving you peace of mind that the value you’re building in your brand is properly protected.