1. The document discusses intellectual property (IP), focusing on patents, copyright, and trademarks. It explains what patents are, why companies pursue patent protection, and the criteria needed for an invention to be patented. 2. The document provides advice for individuals who have ideas but limited budgets, recommending filing a provisional patent application with IP Australia. 3. Issues related to IP protection for software, websites, and international trademark protection are briefly covered. The document also lists several resources for searching existing IP and registering trademarks.

1. 1 Place Patent Attorneys & Solicitors

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

3. Patents Copyright Trade marks Confidential information

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

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

6. 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

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

8. 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

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

10. 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

11. 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?

12. 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

13. 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

14. … ..and what about you?