The Federal Government has proposed legislative amendments to the Patents Act 1990 to abolish the Inventhelp Tv Commercials, 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 Government to keep the innovation patent and undertake further consultation to know 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 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, mainly because it can enable a quicker and much more cost-effective means for protecting intellectual property that may not fulfill the inventive step requirement.
Second tier patent systems have already 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 so it generally seems to us that abolishing the Australian innovation patent is a retrograde move.
In the following video created by IPTA, Australian business people present their independent views concerning the innovation patent and also the ramifications should it be abolished. Australian innovators seeking IP protection may wish to give advance consideration for the Australian innovation patent system while it still exists.
You’ve turned a good idea into a service or product and also have an incredible logo 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. Since the owner of Inventhelp Invention Ideas, you can bring an infringement action against a duplicate-cat while not having to submit evidence proving the reputation of your trade mark. Your registered trade mark can be employed to prevent the infringing use of a company, business or product name.
Deterrence – Third parties may be asked to re-brand out of your registered trade mark, as opposed to risk an allegation of infringement. An authorized 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 ten years and also you continue to apply your trade mark as registered, your trade mark registration can still protect your name/logo forever.
As well as the best bit? Many 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 limited to wherever reputation can be proven. So, precisely what should you register? Often, a trade mark forms just a small portion of an overall brand. Your brand may be represented by way of a very distinctive font, logo or distinctive colours. Your unique business ethos and customer service goals might also frfuaj element of your brand. Whilst these items are common very valuable from I Have An Idea For An Invention, it’s likely not all element can – or should – be protected as a trade mark.
An authorized Trade Marks Attorney can enable you to evaluate which facets of your branding would be best registered to maximise the potency of a trade mark registration, giving you peace of mind that the value you’re building in your brand is properly protected.