The Federal Government has proposed legislative amendments to the Patents Act 1990 to abolish the New Product Idea, following recommendations by the Productivity Commission which it accepted last year. Along with a number of other industry groups, the Institute of Patent and Trade Mark Attorneys (IPTA) has been actively lobbying the us government to keep the innovation patent and undertake further consultation to understand 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 created to stimulate local SMEs to innovate, primarily because it can enable a faster and a lot more inexpensive path for protecting intellectual property that may not meet the inventive step requirement.

Second tier patent systems have already been successfully operating to get 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 so it seems to us that abolishing the Australian innovation patent is actually a retrograde move.

Within the following video created by IPTA, Australian company owners present their independent views about the innovation patent and also the ramifications should it be abolished. Australian innovators seeking IP protection may want to give advance consideration for the Australian innovation patent system while it still exists.

You’ve turned recommended into a product or service and possess an incredible logo and company name. Now you’re considering registering a trade mark – wonderful idea! With a trade mark registration, you’ll gain: Protection over your reputation. Since the owner of Inventor Ideas, you can bring an infringement action against a duplicate-cat without needing to submit evidence proving the standing of your trade mark. Your registered trade mark can be used to prevent the infringing usage of a company, business or product name.

Deterrence – Third parties may be encouraged to re-brand away from your registered trade mark, as opposed to 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. As long as your renewal fees are paid every ten years and 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? Most of these benefits are provided nationwide – trade mark registrations are rarely subjected to geographical limitations within Australia. On the other hand, unregistered (or “common law”) trade marks are geographically restricted to wherever reputation can be proven. So, what exactly in case you register? Often, a trade mark forms merely a small part of a general brand. Your brand may be represented by way of a very distinctive font, logo or distinctive colours. Your particular business ethos and customer support goals might also frfuaj part of your brand. Whilst these items are common very valuable from Inventions Ideas, it’s likely not all the element can – or should – be protected as a trade mark.

An authorized Trade Marks Attorney can enable you to figure out what facets of your branding might be best registered to maximise the potency of a trade mark registration, giving you peace of mind that this value you’re building inside your brand is properly protected.

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