The Federal Government has proposed legislative amendments to the Patents Act 1990 to abolish the Invention Website, 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 federal government to keep 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 created to stimulate local SMEs to innovate, due to the fact it can enable a faster and a lot more inexpensive path for protecting intellectual property that may not fulfill the inventive step requirement.
Second tier patent systems happen to be successfully operating for a long period 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.
In the following video made by IPTA, Australian business people present their independent views regarding the innovation patent and the ramifications should it be abolished. Australian innovators seeking IP protection may wish to give advance consideration to the Australian innovation patent system even though it still exists.
You’ve turned a great idea into a product or service and have a fantastic 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. Since the owner of Inventhelp Success, you can bring an infringement action against a duplicate-cat while not having 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 encouraged to re-brand from your registered trade mark, rather than risk an allegation of infringement. A registered trade mark may provide you with a defence with an allegation of trade mark infringement raised by a 3rd 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 use your trade mark as registered, your trade mark registration can continue to protect your name/logo forever.
As well as the best bit? All of these benefits are provided nationwide – trade mark registrations are rarely subject 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 precisely should you register? Often, a trade mark forms just a small part of an overall brand. Your brand may be represented by way of a very distinctive font, logo or distinctive colours. Your specific business ethos and customer service goals might also frfuaj a part of your brand. Whilst these items are very valuable from Product Idea, it’s likely not every 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 would be best registered to maximise the effectiveness of a trade mark registration, offering you peace of mind the value you’re building within your brand is correctly protected.