1 Place Patent Attorneys & Solicitors

Is IP important? Protection Adding (actual or perceived) value

Is IP important?

Protection

Adding (actual or perceived) value

Patents Copyright Trade marks Confidential information

Patents

Copyright

Trade marks

Confidential information

Patents – what are they? 20 or 8 year monopoly Trade off - disclosure Strategic application Complex law Geography applied

Patents – what are they?

20 or 8 year monopoly

Trade off - disclosure

Strategic application

Complex law

Geography applied

Why patent? A BIG stick (excludes others from what is protected) Freedom to operate = c ompetitive advantage Perceived as very valuable IP

Why patent?

A BIG stick (excludes others from what is protected)

Freedom to operate = c ompetitive advantage

Perceived as very valuable IP

Patents – the boxes you need to tick an invention must be: novel search: http://www.patentlens.net/patentlens/structured.cgi inventive useful & not secretly used before priority date

Patents – the boxes you need to tick

an invention must be:

novel search: http://www.patentlens.net/patentlens/structured.cgi

inventive

useful &

not secretly used before priority date

How are patents relevant for software / the web? More appropriate than copyright May protect a particular “technical effect”: IBM Business Methods

How are patents relevant for software / the web?

More appropriate than copyright

May protect a particular “technical effect”: IBM

Business Methods

I’m interested but cash strapped – what should / can I do? Draft a detailed description of your invention Include the problem your invention overcomes Lodge this with IP Australia as a Provisional Patent Pay $80 filing fee Announce that you have a Patent Pending When you have more money (& within 12 months) lodge a complete specification via a Patent Attorney

I’m interested but cash strapped – what should / can I do?

Draft a detailed description of your invention

Include the problem your invention overcomes

Lodge this with IP Australia as a Provisional Patent

Pay $80 filing fee

Announce that you have a Patent Pending

When you have more money (& within 12 months) lodge a complete specification via a Patent Attorney

Literary & artistic works Copyright is automatically created Who created the copyright work? Non-employees – take assignment Assignment must be in writing

Literary & artistic works

Copyright is automatically created

Who created the copyright work?

Non-employees – take assignment

Assignment must be in writing

Search, search, search (freedom to operate) IP Australia http://pericles.ipaustralia.gov.au/atmoss/Falcon.Search_Screen?p_search_no=0&p_SearchLevel=FULL ASIC (company & business names) http://www.search.asic.gov.au/gns001.html Directory Internet Applications TM HeadStart (registration only) http://www.ipaustralia.gov.au/trademarks/tmhs_start.shtml Classification – what do you actually do? Marks must be distinctive Words - plain word is best

Search, search, search (freedom to operate)

IP Australia http://pericles.ipaustralia.gov.au/atmoss/Falcon.Search_Screen?p_search_no=0&p_SearchLevel=FULL

ASIC (company & business names) http://www.search.asic.gov.au/gns001.html

Directory

Internet

Applications

TM HeadStart (registration only) http://www.ipaustralia.gov.au/trademarks/tmhs_start.shtml

Classification – what do you actually do?

Marks must be distinctive

Words - plain word is best

Applications (continued) No .com Convention priority – 6 months from filing Outside Australia more difficult – be cautious in the US TM v ® bogus correspondence TMs v Company names, business names My website can be accessed anywhere – what are the foreign tm issues?

Applications (continued)

No .com

Convention priority – 6 months from filing

Outside Australia more difficult – be cautious in the US

TM v ®

bogus correspondence

TMs v Company names, business names

My website can be accessed anywhere – what are the foreign tm issues?

Agreement Generators – Confidentiality & Contract Generator iptoolbox.gov.au http://www.iptoolbox.gov.au/default.asp?action=article&ID=249 Innovic.com.au http://innovic.com.au/resources/confidentiality_agreement.html Too broad = possibly unenforceable Open ended = possibly unenforceable Reinforce confidential nature (marking, reminders, return info) Realistically may be refused Possibly better for detailed info than concepts / ideas Patent implications

Agreement Generators – Confidentiality & Contract Generator

iptoolbox.gov.au http://www.iptoolbox.gov.au/default.asp?action=article&ID=249

Innovic.com.au

http://innovic.com.au/resources/confidentiality_agreement.html

Too broad = possibly unenforceable

Open ended = possibly unenforceable

Reinforce confidential nature (marking, reminders, return info)

Realistically may be refused

Possibly better for detailed info than concepts / ideas

Patent implications

IP hard sell: Why your technology is exponentially better than the competition & why it creates value Where do you fit on the IP landscape? Hard to replicate / barriers to entry for competitors? Status of IP protection? Any strategic partnerships? Risk mitigation? Do not include proprietary or confidential technical info

IP hard sell:

Why your technology is exponentially better than the competition & why it creates value

Where do you fit on the IP landscape?

Hard to replicate / barriers to entry for competitors?

Status of IP protection?

Any strategic partnerships?

Risk mitigation?

Do not include proprietary or confidential technical info

… ..and what about you?

… ..and what about you?