The Federal Government has proposed legislative amendments to the Patents Act 1990 to abolish the Inventhelp Corporate Headquarters, following recommendations by the Productivity Commission which it accepted last year. Along with a number of other industry groups, the Institute of Patent and Trade Mark Attorneys (IPTA) has been actively lobbying the federal government to retain the innovation patent and undertake further consultation to know the impact abolition may 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, primarily because it can enable a faster and a lot more cost-effective method for protecting intellectual property that could not meet the inventive step requirement.
Second tier patent systems have already been 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 a retrograde move.
Within the following video made by IPTA, Australian business people present their independent views regarding the Inventhelp Inventor Service and the ramifications should it be abolished. Australian innovators seeking IP protection may decide to give advance consideration towards the Australian innovation patent system even though it still exists.
You’ve turned recommended into a product or service and also have an incredible logo and business name. Now you’re considering registering a trade mark – wonderful idea! Using a trade mark registration, you’ll gain: Protection over your reputation. Because the owner of a registered trade mark, 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 could be used to prevent the infringing use of a company, business or product name.
Deterrence – Third parties could be motivated to re-brand out of your registered trade mark, as opposed to risk an allegation of infringement. A registered trade mark may offer you a defence to an allegation of trade mark infringement raised by a third party. A continuing monopoly over your most valuable business asset. So long as your renewal fees are paid every ten years and you also continue to use your trade mark as registered, your trade mark registration can still protect your company name/logo forever.
And the best bit? Many of these benefits are offered nationwide – trade mark registrations are rarely susceptible to geographical limitations within Australia. On the other hand, unregistered (or “common law”) trade marks vagrgq geographically limited to wherever reputation can be proven. So, what precisely should you register? Often, a trade mark forms only a small percentage of a complete brand. Your brand might be represented by way of a very distinctive font, logo or distinctive colours. Your particular business ethos and Inventhelp Office may also form part of your brand. Whilst these things are all very valuable coming from a marketing perspective, it’s likely not all element can – or should – be protected being a trade mark.
An authorized Trade Marks Attorney can help you figure out what aspects of your branding would be best registered to maximise the potency of a trade mark registration, giving you satisfaction that the value you’re building in your brand is correctly protected.