The Government has proposed legislative amendments to the Patents Act 1990 to get rid of the Inventhelp Corporate Headquarters, 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 retain 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 that have operated since 1979. It was made to stimulate local SMEs to innovate, primarily because it can enable a quicker and more inexpensive means for protecting intellectual property which could not meet the inventive step requirement.
Second tier patent systems have already been successfully operating for some time in numerous 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 seems to us that abolishing the Australian innovation patent is a retrograde move.
Within the following video made by IPTA, Australian company owners present their independent views about the How To Get A Patent On An Idea and the ramifications should it be abolished. Australian innovators seeking IP protection may wish to give advance consideration towards the Australian innovation patent system while it still exists.
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Deterrence – Third parties could be motivated to re-brand out of your registered trade mark, instead of risk an allegation of infringement. An authorized trade mark may offer you a defence to an allegation of trade mark infringement raised by a 3rd party. A continuing monopoly over your most valuable business asset. Provided that your renewal fees are paid every ten years and you also continue to use your trade mark as registered, your trade mark registration can carry on and protect your company name/logo forever.
And the best bit? Many 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 can be proven. So, precisely what in the event you register? Often, a trade mark forms merely a small portion of a complete brand. Your brand may be represented with a very distinctive font, logo or distinctive colours. Your unique business ethos and How To Get A Patent For An Idea may also form a part of your brand. Whilst this stuff are common very valuable from a marketing perspective, it’s likely not every element can – or should – be protected being a trade mark.
A registered Trade Marks Attorney can help you figure out what aspects of your branding would be best registered to maximise the strength of a trade mark registration, providing you with peace of mind that the value you’re building within your brand is correctly protected.