Patent and Trade Mark Information and Articles
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Defensive Publication Makes Sense for Innovative Businesses

Under the Australian Patents Act, an invention will be patentable unless it doesn’t comply with a number of requirements set out in the Act.

 

Two critical requirements are that the invention must be ‘novel’ (i.e. new) and that it must be inventive (or innovative in the case of innovation patents) in light of the prior art base as it existed at the priority date of the patent application.

Using Evidence to Overcome Lack of Distinctiveness Trade Mark Office Objections

Tell me, are you taking steps to ensure that you’ll be free to make and sell the products you’re developing?

 

Specifically, are you incorporating competitor monitoring and freedom to operate, i.e. ‘clearance’ searches into your product development pipeline? My guess is that you’re not because you don’t realize that there is any need for them.

Patentability Searching and Freedom to Operate Searching - Why the difference is important to your business

Tell me, are you taking steps to ensure that you’ll be free to make and sell the products you’re developing?

 

Specifically, are you incorporating competitor monitoring and freedom to operate, i.e. ‘clearance’ searches into your product development pipeline?

 

My guess is that you’re not because you don’t realize that there is any need for them.

I filed my own innovation patent application. Now I can’t get it certified. What should I do?

As a result of this enthusiastic encouragement, I frequently meet with people who have done exactly what the IP Australia website encourages them to do. They have naively spent a few minutes online filling out IP Australia’s Innovation Lodgement form thinking that doing so will adequately protect their invention

 

Unfortunately, in many cases inventors that file their own innovation patent applications have not realised that unless they are very careful they will not secure whatever right to their invention might be available.

Intellectual Property Management Strategies for Small Business

The objectives of an intellectual property management system will typically include at least defensive, value building, and offensive.

 

The above objectives will only be attainable if the IP management strategy is aligned to the overall business strategy. If there’s a misalignment then products which are essential for the commercial viability of the business may either not be secured or alternatively are at risk of not being free to use after the investment in development has been made.

Choosing a Distinctive Trade Mark - Three Critical Factors to Consider

The name that you choose for your business, or for specific goods or services that you provide in trade, is extremely important because it is the “handle” that your customers, and even more importantly your potential customers, will use to talk about you and your products, search for you and ask for you, rather than your competitors.

 

In each step along the way between a prospective customer deciding to seek out your goods and services and actually making contact with you.

Seven Common Patent Myths

Myth No. 1. Patents aren’t worth the trouble because patent litigation is very expensive.

 

This is an often used, but irrational, excuse for the putting of heads in the sand when it comes to patents. It’s a bit like not wanting to buy a house because there’s a risk that a burglar could break into it. That could happen, but it’s unlikely and there are precautions that can be taken to reduce the risk of it happening. In the meantime the house can be enjoyed as an appreciating asset, lived in or be rented.

Is it an Invention or just a New Idea?

Assuming that you’ve thought of something that’s new and inventive, do you have actually have an “invention” or is it rather the case that you merely have “a new idea”?

 

Although an invention may be very broadly claimed in a patent, it remains the case thatpatents are for inventions. For example, ” Make a powder that when you add it to water turns the water into combustible fuel” is a great idea. Unfortunately, if you don’t know how to make such a powder, you don’t have an invention, you only have an idea.

Protecting New Embodiments with Divisional Patent Applications

We would like to file a convention patent application in Australia based on US provisional patent application No. 61/XYZ filed on March 22, 2010.

 

However, it will be necessary to add additional examples in order to support the scope of the claims. In the USA we intend to do so by filing a Continuation-In-Part (CIP) application in about 3 months from now.

 

Please advise whether you have a similar mechanism in Australia which would allow us to add the new matter to the specification of an Australian patent application.

Patent Infringement Cease and Desist Letters

The courts view the making of threats of patent infringement proceedings very seriously. In the words of Lord Justice Bowen (1893) in Skinner v Perry 10 RPC 1 ” Now, every person of common sense knows what is involved in patent actions, and what the expense of them is, and everybody knows that to be threatened with a patent action is about as disagreeable a thing that can happen to any man of business.

 

Consequently, if it turns out that the letter constitutes a threat of patent infringement proceedings, and that threat is actually groundless, then the party sending the letter may be contravening the Unjustified Threats provisions of the Australian Patents Act 1990.

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