The Federal Government has proposed legislative amendments to the Patents Act 1990 to abolish the Inventhelp Phone Number, 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 Government to retain the innovation patent and undertake further consultation to comprehend 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 had operated since 1979. It was made to stimulate local SMEs to innovate, mainly because it can enable a faster and much more cost-effective path for protecting intellectual property that may not satisfy the inventive step requirement.
Second tier patent systems have been successfully operating to get a long 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 and so it seems to us that abolishing the Australian innovation patent is a retrograde move.
Within the following video created by IPTA, Australian company owners present their independent views regarding the innovation patent and also the ramifications should it be abolished. Australian innovators seeking IP protection may want to give advance consideration towards the Australian innovation patent system even though it still exists.
You’ve turned a great idea into a product or service and possess an amazing brand name and business name. Now you’re considering registering a trade mark – wonderful idea! With a trade mark registration, you’ll gain: Protection over your reputation. Because the owner of Inventhelp New Store Products, you can bring an infringement action against a duplicate-cat while not having to submit evidence proving the standing of your trade mark. Your registered trade mark can be used to avoid the infringing use of a company, business or product name.
Deterrence – Third parties may be encouraged to re-brand out of 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 third party. A continuing monopoly over your most valuable business asset. As long as your renewal fees are paid every a decade and also you continue to apply your trade mark as registered, your trade mark registration can carry on and protect your own 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 just a small part of a complete brand. Your brand may be represented by way of a very distinctive font, logo or distinctive colours. Your particular business ethos and customer care goals might also frfuaj element of your brand. Whilst these items are all very valuable from Patent Companies, it’s likely not every element can – or should – be protected as being a trade mark.
A registered Trade Marks Attorney can help you figure out what elements of your branding would be best registered to maximise the potency of a trade mark registration, providing you with peace of mind the value you’re building inside your brand is properly protected.