The Federal Government has proposed legislative amendments to the Patents Act 1990 to abolish the I Want To Patent My Idea, following recommendations by the Productivity Commission which it accepted last year. In addition to 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 understand the impact abolition might have on innovation, particularly in terms of 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 that have operated since 1979. It was created to stimulate local SMEs to innovate, mainly because 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 to get a long amount of time in many overseas countries, including China and Germany where they’re called “utility models”. Our firm helps numerous local clients protect their new and valuable products and so it seems to us that abolishing the Australian innovation patent is actually a retrograde move.

Inside the following video created by IPTA, Australian business people present their independent views about the innovation patent and also the ramifications should it be abolished. Australian innovators seeking IP protection may desire to give advance consideration for the Australian innovation patent system even though it still exists.

You’ve turned a great idea into a service or product and possess an incredible logo 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 Inventhelp Locations, you can bring an infringement action against a copy-cat while not 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 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 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 carry on and protect your name/logo forever.

And also 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 restricted to wherever reputation can be proven. So, precisely what in the event you register? Often, a trade mark forms only a small percentage of a complete brand. Your brand may be represented with a very distinctive font, logo or distinctive colours. Your unique business ethos and customer care goals might also frfuaj a part of your brand. Whilst these things are common very valuable from Invention Help Companies, it’s likely not every element can – or should – be protected as a trade mark.

An authorized Trade Marks Attorney can assist you to evaluate which facets of your branding might be best registered to maximise the strength of a trade mark registration, giving you peace of mind that this value you’re building within your brand is properly protected.

Patenting An Idea..

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