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The Government has proposed legislative amendments to the Patents Act 1990 to abolish the New Ideas For Inventions, following recommendations by the Productivity Commission which it accepted a year ago. Together with a few other industry groups, the Institute of Patent and Trade Mark Attorneys (IPTA) has been actively lobbying the us government to support the innovation patent and undertake further consultation to understand the impact abolition may 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 had operated since 1979. It was made to stimulate local SMEs to innovate, primarily because it can enable a faster and more cost-effective means for protecting intellectual property that may not fulfill the inventive step requirement.

Second tier patent systems have been successfully operating for a long 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 generally seems to us that abolishing the Australian innovation patent is a retrograde move.

In the following video made by IPTA, Australian business people present their independent views concerning the Inventhelp Inventions as well as 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.

You’ve turned recommended into a service or product and possess a fantastic 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. As the owner of the registered trade mark, you are able to bring an infringement action against a copy-cat while not having to submit evidence proving the trustworthiness of your trade mark. Your registered trade mark may be used to stop the infringing use of an organization, business or product name.

Deterrence – Third parties could be asked to re-brand from your registered trade mark, instead of risk an allegation of infringement. An authorized trade mark may offer you a defence with an allegation of trade mark infringement raised by a 3rd party. A continuing monopoly over your most valuable business asset. So long as your renewal fees are paid every ten years and you continue to use your trade mark as registered, your trade mark registration can carry on and protect your company 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 contrary, unregistered (or “common law”) trade marks vagrgq geographically confined to wherever reputation could be proven. So, precisely what in the event you register? Often, a trade mark forms merely a small portion of an overall brand. Your brand might be represented by way of a very distinctive font, logo or distinctive colours. Your particular business ethos and Inventhelp Patent Services could also form a part of your brand. Whilst these items are common very valuable from a marketing perspective, it’s likely not all the element can – or should – be protected as being a trade mark.

An authorized Trade Marks Attorney will help you determine what aspects of your branding might be best registered to maximise the strength of a trade mark registration, providing you with reassurance that this value you’re building inside your brand is correctly protected.