Dear IDEA Network members,
Due to copyright restrictions, I am unable to share with you the PPT from our workshop. Here is a very detailed and resourceful brochure from Cullens, the firm that our guest speaker Steve Davey works for.
Intellectual property is one of the most important aspects of your business, but how do you protect what makes your brand unique?
In this webinar find out the various ways you can protect your brand, invention or idea in a competitive market.
Lecture 2 - IP in detail Patents-others - VDIS10025 Intellectual Property and...Virtu Institute
The document discusses patents and intellectual property. It provides details on patent processes in Australia including that a patent provides a monopoly for a limited period in exchange for disclosure of a new invention. To be patented, an invention must be novel and not already publicly known. The document outlines the Australian patent application process and obtaining foreign patents, including using the Patent Cooperation Treaty.
This document discusses intellectual property rights and innovation management. It provides information on patents, trademarks, and other intellectual property topics. Some key points:
- Patents provide exclusivity for inventions and allow companies to profit from new products and technologies through licensing revenues or preventing copying.
- Factors like functional advantages, design, branding, and availability influence the success of new products in the market. Intellectual property rights like patents, trademarks, and designs can protect these features and maintain a company's exclusivity.
- Strategies for acquiring and exploiting patents include deciding what and when to patent, where to file, and whether to pursue own exploitation, licensing, or a combination. Patent information itself is publicly available and
Deck designed and delivered by Ian Bell from the Canadian Intellectual Property Office during his session at the Vancouver Innovation Labs (May 24th, 2016)
This seminar was created and delivered by Michelle Holoubek, Don Featherstone, and Gaby Longsworth of Sterne Kessler on 07/30 for Impact.tech x Fifty Years.
A patent provides a limited-time monopoly for novel, inventive, and industrially applicable ideas. To receive a patent, one must fully disclose their idea to the relevant patent office. Patents last for 20 years and only protect the functional aspects of an invention, not its appearance. The requirements for patentability include that an idea be new, non-obvious, and capable of industrial use. Disclosing an idea publicly before filing can prevent it from being patented. The European Patent Office allows filing a single application covering multiple countries. International patents via the PCT system provide an initial filing covering over 100 countries.
Intellectual Property Information for Postgraduate students by Philip Hoekstrapvhead123
The document discusses Research Contracts & Intellectual Property Services (RCIPS) at a university. It provides an overview of RCIPS, its organizational structure, and the various forms of intellectual property (IP) and methods of protecting IP. Key types of IP discussed include patents, trademarks, copyright, and designs. The document outlines the patenting process, costs involved, and how the university assists with patenting inventions by its researchers and post-graduates. Maintaining confidentiality during the patenting process is also addressed.
Intellectual property is one of the most important aspects of your business, but how do you protect what makes your brand unique?
In this webinar find out the various ways you can protect your brand, invention or idea in a competitive market.
Lecture 2 - IP in detail Patents-others - VDIS10025 Intellectual Property and...Virtu Institute
The document discusses patents and intellectual property. It provides details on patent processes in Australia including that a patent provides a monopoly for a limited period in exchange for disclosure of a new invention. To be patented, an invention must be novel and not already publicly known. The document outlines the Australian patent application process and obtaining foreign patents, including using the Patent Cooperation Treaty.
This document discusses intellectual property rights and innovation management. It provides information on patents, trademarks, and other intellectual property topics. Some key points:
- Patents provide exclusivity for inventions and allow companies to profit from new products and technologies through licensing revenues or preventing copying.
- Factors like functional advantages, design, branding, and availability influence the success of new products in the market. Intellectual property rights like patents, trademarks, and designs can protect these features and maintain a company's exclusivity.
- Strategies for acquiring and exploiting patents include deciding what and when to patent, where to file, and whether to pursue own exploitation, licensing, or a combination. Patent information itself is publicly available and
Deck designed and delivered by Ian Bell from the Canadian Intellectual Property Office during his session at the Vancouver Innovation Labs (May 24th, 2016)
This seminar was created and delivered by Michelle Holoubek, Don Featherstone, and Gaby Longsworth of Sterne Kessler on 07/30 for Impact.tech x Fifty Years.
A patent provides a limited-time monopoly for novel, inventive, and industrially applicable ideas. To receive a patent, one must fully disclose their idea to the relevant patent office. Patents last for 20 years and only protect the functional aspects of an invention, not its appearance. The requirements for patentability include that an idea be new, non-obvious, and capable of industrial use. Disclosing an idea publicly before filing can prevent it from being patented. The European Patent Office allows filing a single application covering multiple countries. International patents via the PCT system provide an initial filing covering over 100 countries.
Intellectual Property Information for Postgraduate students by Philip Hoekstrapvhead123
The document discusses Research Contracts & Intellectual Property Services (RCIPS) at a university. It provides an overview of RCIPS, its organizational structure, and the various forms of intellectual property (IP) and methods of protecting IP. Key types of IP discussed include patents, trademarks, copyright, and designs. The document outlines the patenting process, costs involved, and how the university assists with patenting inventions by its researchers and post-graduates. Maintaining confidentiality during the patenting process is also addressed.
This document discusses intellectual property (IP) and strategies for commercial success through IP. It covers types of IP like patents, trademarks, and designs. It emphasizes developing an IP strategy aligned with business goals to maximize returns. The document also discusses obtaining tax relief for innovation through R&D tax credits and the new Patent Box, which allows companies to pay a lower tax rate on profits associated with patented products or services.
This document discusses several Chinese university alumni associations and startup clubs located in Silicon Valley, including Chongqing University of Science and Technology Silicon Valley Alumni Association, Tsinghua University Silicon Valley Alumni Network, Nanjing University Silicon Valley Alumni Association, Zhejiang University Northern California Alumni Association, Jilin University Silicon Valley Alumni Association, and Silicon Valley IC CAFE. It also mentions Silicon Valley Information Harbor (www.bay123.com).
Patent Strategy for Startups, Hardware Workshop SF 2015 Peter Miller
Peter Miller of Run8 Patent Group speaks on Patent Strategy for Startups at Hardware Workshop SF, 17-SEP-2015
Full video here: https://www.youtube.com/watch?v=RxpglTNQOyc
This document discusses the role of intellectual property in competitive strategy. It defines different types of intellectual property including patents, trademarks, registered designs, and copyright. It explains how intellectual property rights can be used to prevent competitors from copying products and technologies. The document argues that companies should identify their competitive advantages, protect them with intellectual property where possible, monitor competitors for infringement, and regularly review their intellectual property portfolio. It provides an example of how Dyson used patents and other intellectual property aggressively to protect its vacuum cleaner technology and gain a competitive advantage over Hoover.
Patent thickets occur when a technology is covered by many overlapping patents from different owners. This makes it difficult and costly for companies to develop new products without licensing many patents. Industries like pharmaceuticals, software, and nanotechnology are prone to thickets because they involve incremental innovations built on existing technologies. Thickets can arise unintentionally due to lack of prior art searches or abstract patent claims. They also are sometimes deliberately created as a business strategy to block competitors. This increases transaction costs and hampers innovation. Cross-licensing and patent pools help reduce thickets by bundling related patents from multiple owners.
How To Protect Your Idea - Outlook Money Publication - Patent Filing Procedur...Rahul Dev
The document provides an overview of patent filing procedures, strategies, and advantages in India. It discusses what a patent is, why patents are important especially for startups, the different types of patents, laws governing patents in India, the procedure and costs for filing a patent application in India, when it makes sense for startups to file patents, the differences between provisional and non-provisional patent applications, which territories to obtain patents in, how startups can ensure they are not infringing other patents, and advice for contacting the author.
MaRS Best Practices: IP Best Practices for Life Sciences Companies - Victoria...MaRS Discovery District
Discover why intellectual property is a critical asset to your company. Within the context of current economic uncertainty, this series covers cost-effective strategies for securing IP and patent rights to enhance the market value and competitive position of your life sciences or ICE company.
This document provides an overview of intellectual property (IP) and commercialization processes for postgraduate students at the University of Cape Town (UCT). It discusses various forms of IP including patents, copyrights, trademarks, and trade secrets. It outlines UCT's IP policy regarding ownership and commercialization of IP. Key aspects of the IP process are described, such as disclosing inventions, patenting timelines and costs, publishing versus patenting, and establishing spin-off companies. The document also discusses South Africa's Intellectual Property Rights from Publicly Financed Research and Development Act and inventor responsibilities.
The document discusses preparing a medical device company called LaunchPad NewCo for intellectual property (IP) due diligence by potential investors. It provides tips on evaluating ownership of IP, assessing the strength of patent portfolios, determining freedom to operate without infringement risk, and common mistakes made during IP diligence. The panel presentation covers how investors review a company's IP and technology to evaluate investment or acquisition opportunities.
The document discusses a 3-level approach to business strategy: level 1 focuses on broad competence, level 2 on competitive advantage through being different or better than competitors, and level 3 on sustainable competitive advantage that others cannot copy. It provides examples of intellectual property protection and other strategic elements that can provide competitive edges. Case studies are presented of companies that achieved advantages through patents, quality delivery, and unique skills and vision. The conclusion emphasizes developing through the three levels of strategy and finding the right mix of strategic elements.
In a startup, Intellectual Property (IP) or intangible assets are often more than 90% of the value of the company and therefore, a carefully planned strategy for IP protection is necessary
This document discusses intellectual property management to support new product development. It defines intellectual property and describes various intellectual property tools like patents, trademarks, copyrights and trade secrets. It explains how these intellectual property tools can help at different stages of new product development from the idea stage to marketing. The document also provides case studies of how companies like Xerox, Bayer and Apple have effectively used intellectual property tools to support new product development and maximize profits.
The Northfront Entrepreneur Alliance is a entreprenuer networking association in Northern Utah. This presentation was given on 05.18.11 to the group by Bryan Massey, a partner at Kunzler IP. He discussed the idea of whether or not a patent is worth the trouble and new changes coming to the patent process.
IP protection & commercialization strategiesLead To Win
This document discusses various intellectual property strategies and commercialization options. It outlines different types of intellectual property including patents, copyrights, trademarks, and trade secrets. It explains why IP is important to protect ownership, control technology transfer, establish means to pursue infringers, and increase competitive advantage. The document also provides details on patent costs, factors to consider in patent strategy, advantages and disadvantages of trade secrets, and components of a license agreement.
Protecting intellectual property (ip) at startups - Ravi Vaikuntachar, Manage...Lounge47
“Protecting Intellectual Property at Startups” was a highly interactive
one with questions from entrepreneurs leading to much learning for all. Some key takeaways from the
session: 1) IP is not a “ghost” to be feared, but a “friend” to be nurtured 2) Familiarize yourself with all
aspects of IP relevant to your business and your idea. Just being informed helps you manage about 70% of
the risk 3) The vision of the Startup should lead to an IP strategy that allows easy answers to key questions
like – Should I patent or not? Which markets should I file patents in? etc. 4) Myths around IP should be
shattered (example: unclear explanations of ideas to obfuscate full disclosure can leave Startups with a
lack of protection) 5) The philosophy of patent protection should be understood – Governments give
inventors a monopoly for a certain period of time in return for full disclosure from the inventors so that
the next inventor/entrepreneur can execute and push the envelope for the general benefit of society 6)
Misuse of patents can kill a company. Founders should do an initial patent search to ensure that they are
not in violation. 7) Patent services companies are highly skilled (and expensive) but Startups may want to
consider hiring these services because shortcuts often lead to significant exposure 8) Startups that are
bootstrapping, can consider a provisional patent filing 9) Intellectual property is not just patents -
Copyrights, Trademarks and Trade Secrets offer protections that should be considered as well. Indian
entrepreneurs should take IP seriously to build credible businesses.
Patents, trademarks, copyrights, and trade secrets are important legal considerations for entrepreneurs. Lawyers can provide advice on these intellectual property issues, and entrepreneurs should carefully evaluate their needs before hiring one. Patents protect inventions and come in utility, design, and plant varieties, and trademarks distinguish products in the marketplace. Copyrights protect original creative works, and trade secrets protect sensitive business information from being revealed. Proper legal protections are crucial for startups.
The document discusses computer data processing. It defines computer data processing as any process that a computer program performs to enter, analyze, summarize, or convert data into usable information. It then outlines the basic data processing cycle of input, process, and output. It also describes how a computer processes data through its central processing unit (CPU) and memory, and some key factors that affect processing speed such as CPU registers, RAM size, system clock speed, bus width, and cache memory.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms for those who already suffer from conditions like depression and anxiety.
Effective Usage of Social Media in Dark Skies Awarenessdarkskyamee
Effective usage of social media for dark skies awareness. Goals are awareness, understanding, participation, sharing, and action. Posts on social media should be consistent but not spam users. Interact with users by responding promptly and connecting with similar groups. Analyze results using tools like Facebook Insights and websites like TweetStats to track growth in followers. Social media can increase reach of dark skies messaging to hundreds of thousands of people.
This document discusses intellectual property (IP) and strategies for commercial success through IP. It covers types of IP like patents, trademarks, and designs. It emphasizes developing an IP strategy aligned with business goals to maximize returns. The document also discusses obtaining tax relief for innovation through R&D tax credits and the new Patent Box, which allows companies to pay a lower tax rate on profits associated with patented products or services.
This document discusses several Chinese university alumni associations and startup clubs located in Silicon Valley, including Chongqing University of Science and Technology Silicon Valley Alumni Association, Tsinghua University Silicon Valley Alumni Network, Nanjing University Silicon Valley Alumni Association, Zhejiang University Northern California Alumni Association, Jilin University Silicon Valley Alumni Association, and Silicon Valley IC CAFE. It also mentions Silicon Valley Information Harbor (www.bay123.com).
Patent Strategy for Startups, Hardware Workshop SF 2015 Peter Miller
Peter Miller of Run8 Patent Group speaks on Patent Strategy for Startups at Hardware Workshop SF, 17-SEP-2015
Full video here: https://www.youtube.com/watch?v=RxpglTNQOyc
This document discusses the role of intellectual property in competitive strategy. It defines different types of intellectual property including patents, trademarks, registered designs, and copyright. It explains how intellectual property rights can be used to prevent competitors from copying products and technologies. The document argues that companies should identify their competitive advantages, protect them with intellectual property where possible, monitor competitors for infringement, and regularly review their intellectual property portfolio. It provides an example of how Dyson used patents and other intellectual property aggressively to protect its vacuum cleaner technology and gain a competitive advantage over Hoover.
Patent thickets occur when a technology is covered by many overlapping patents from different owners. This makes it difficult and costly for companies to develop new products without licensing many patents. Industries like pharmaceuticals, software, and nanotechnology are prone to thickets because they involve incremental innovations built on existing technologies. Thickets can arise unintentionally due to lack of prior art searches or abstract patent claims. They also are sometimes deliberately created as a business strategy to block competitors. This increases transaction costs and hampers innovation. Cross-licensing and patent pools help reduce thickets by bundling related patents from multiple owners.
How To Protect Your Idea - Outlook Money Publication - Patent Filing Procedur...Rahul Dev
The document provides an overview of patent filing procedures, strategies, and advantages in India. It discusses what a patent is, why patents are important especially for startups, the different types of patents, laws governing patents in India, the procedure and costs for filing a patent application in India, when it makes sense for startups to file patents, the differences between provisional and non-provisional patent applications, which territories to obtain patents in, how startups can ensure they are not infringing other patents, and advice for contacting the author.
MaRS Best Practices: IP Best Practices for Life Sciences Companies - Victoria...MaRS Discovery District
Discover why intellectual property is a critical asset to your company. Within the context of current economic uncertainty, this series covers cost-effective strategies for securing IP and patent rights to enhance the market value and competitive position of your life sciences or ICE company.
This document provides an overview of intellectual property (IP) and commercialization processes for postgraduate students at the University of Cape Town (UCT). It discusses various forms of IP including patents, copyrights, trademarks, and trade secrets. It outlines UCT's IP policy regarding ownership and commercialization of IP. Key aspects of the IP process are described, such as disclosing inventions, patenting timelines and costs, publishing versus patenting, and establishing spin-off companies. The document also discusses South Africa's Intellectual Property Rights from Publicly Financed Research and Development Act and inventor responsibilities.
The document discusses preparing a medical device company called LaunchPad NewCo for intellectual property (IP) due diligence by potential investors. It provides tips on evaluating ownership of IP, assessing the strength of patent portfolios, determining freedom to operate without infringement risk, and common mistakes made during IP diligence. The panel presentation covers how investors review a company's IP and technology to evaluate investment or acquisition opportunities.
The document discusses a 3-level approach to business strategy: level 1 focuses on broad competence, level 2 on competitive advantage through being different or better than competitors, and level 3 on sustainable competitive advantage that others cannot copy. It provides examples of intellectual property protection and other strategic elements that can provide competitive edges. Case studies are presented of companies that achieved advantages through patents, quality delivery, and unique skills and vision. The conclusion emphasizes developing through the three levels of strategy and finding the right mix of strategic elements.
In a startup, Intellectual Property (IP) or intangible assets are often more than 90% of the value of the company and therefore, a carefully planned strategy for IP protection is necessary
This document discusses intellectual property management to support new product development. It defines intellectual property and describes various intellectual property tools like patents, trademarks, copyrights and trade secrets. It explains how these intellectual property tools can help at different stages of new product development from the idea stage to marketing. The document also provides case studies of how companies like Xerox, Bayer and Apple have effectively used intellectual property tools to support new product development and maximize profits.
The Northfront Entrepreneur Alliance is a entreprenuer networking association in Northern Utah. This presentation was given on 05.18.11 to the group by Bryan Massey, a partner at Kunzler IP. He discussed the idea of whether or not a patent is worth the trouble and new changes coming to the patent process.
IP protection & commercialization strategiesLead To Win
This document discusses various intellectual property strategies and commercialization options. It outlines different types of intellectual property including patents, copyrights, trademarks, and trade secrets. It explains why IP is important to protect ownership, control technology transfer, establish means to pursue infringers, and increase competitive advantage. The document also provides details on patent costs, factors to consider in patent strategy, advantages and disadvantages of trade secrets, and components of a license agreement.
Protecting intellectual property (ip) at startups - Ravi Vaikuntachar, Manage...Lounge47
“Protecting Intellectual Property at Startups” was a highly interactive
one with questions from entrepreneurs leading to much learning for all. Some key takeaways from the
session: 1) IP is not a “ghost” to be feared, but a “friend” to be nurtured 2) Familiarize yourself with all
aspects of IP relevant to your business and your idea. Just being informed helps you manage about 70% of
the risk 3) The vision of the Startup should lead to an IP strategy that allows easy answers to key questions
like – Should I patent or not? Which markets should I file patents in? etc. 4) Myths around IP should be
shattered (example: unclear explanations of ideas to obfuscate full disclosure can leave Startups with a
lack of protection) 5) The philosophy of patent protection should be understood – Governments give
inventors a monopoly for a certain period of time in return for full disclosure from the inventors so that
the next inventor/entrepreneur can execute and push the envelope for the general benefit of society 6)
Misuse of patents can kill a company. Founders should do an initial patent search to ensure that they are
not in violation. 7) Patent services companies are highly skilled (and expensive) but Startups may want to
consider hiring these services because shortcuts often lead to significant exposure 8) Startups that are
bootstrapping, can consider a provisional patent filing 9) Intellectual property is not just patents -
Copyrights, Trademarks and Trade Secrets offer protections that should be considered as well. Indian
entrepreneurs should take IP seriously to build credible businesses.
Patents, trademarks, copyrights, and trade secrets are important legal considerations for entrepreneurs. Lawyers can provide advice on these intellectual property issues, and entrepreneurs should carefully evaluate their needs before hiring one. Patents protect inventions and come in utility, design, and plant varieties, and trademarks distinguish products in the marketplace. Copyrights protect original creative works, and trade secrets protect sensitive business information from being revealed. Proper legal protections are crucial for startups.
The document discusses computer data processing. It defines computer data processing as any process that a computer program performs to enter, analyze, summarize, or convert data into usable information. It then outlines the basic data processing cycle of input, process, and output. It also describes how a computer processes data through its central processing unit (CPU) and memory, and some key factors that affect processing speed such as CPU registers, RAM size, system clock speed, bus width, and cache memory.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms for those who already suffer from conditions like depression and anxiety.
Effective Usage of Social Media in Dark Skies Awarenessdarkskyamee
Effective usage of social media for dark skies awareness. Goals are awareness, understanding, participation, sharing, and action. Posts on social media should be consistent but not spam users. Interact with users by responding promptly and connecting with similar groups. Analyze results using tools like Facebook Insights and websites like TweetStats to track growth in followers. Social media can increase reach of dark skies messaging to hundreds of thousands of people.
The document discusses data, types of data, data processing, and computer processing operations. It defines data as facts or figures that are input into a computer. There are two main types of data: numeric data represented by numbers, and character data like strings and graphical images. Data processing involves collecting data, processing it to convert it into useful information through activities like classification, calculation, and summarization, and outputting the results. Computer processing operations that enable data processing are input/output, calculation, logic/comparison, and storage and retrieval.
The document discusses effective strategies for using social media to raise awareness about light pollution and dark skies. It recommends posting consistently on weekdays and weekends about interesting news, articles and images to engage audiences. Interacting with similar groups and responding promptly to questions is important to build connections. Tracking analytics can show what content and time periods are most popular. Implementing these tactics could help organizations expand their reach and participation in campaigns to protect night skies.
#1 keynote get social_be_mobile_runcloudCentral NyT
The document discusses emerging trends in mobility, social media, and cloud computing and Oracle's strategy and product offerings to address these trends. It highlights that mobility, social media, and cloud computing were top of mind for CIOs in 2012 and outlines Oracle's focus on providing secure, integrated solutions for social business, mobile applications, and cloud computing.
Lightning Talk #9: How UX and Data Storytelling Can Shape Policy by Mika Aldabaux singapore
How can we take UX and Data Storytelling out of the tech context and use them to change the way government behaves?
Showcasing the truth is the highest goal of data storytelling. Because the design of a chart can affect the interpretation of data in a major way, one must wield visual tools with care and deliberation. Using quantitative facts to evoke an emotional response is best achieved with the combination of UX and data storytelling.
This document summarizes a study of CEO succession events among the largest 100 U.S. corporations between 2005-2015. The study analyzed executives who were passed over for the CEO role ("succession losers") and their subsequent careers. It found that 74% of passed over executives left their companies, with 30% eventually becoming CEOs elsewhere. However, companies led by succession losers saw average stock price declines of 13% over 3 years, compared to gains for companies whose CEO selections remained unchanged. The findings suggest that boards generally identify the most qualified CEO candidates, though differences between internal and external hires complicate comparisons.
32 Ways a Digital Marketing Consultant Can Help Grow Your BusinessBarry Feldman
How can a digital marketing consultant help your business? In this resource we'll count the ways. 24 additional marketing resources are bundled for free.
What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an in
IP - What Every Lawyer & Every Client Must Understand (SERIES: INTELLECTUAL P...Financial Poise
To view the accompanying webinar, go to: https://www.financialpoise.com/financialpoisewebinars/view-webinar/?id=262053587&slides=MJDLVHp03HDaeb
Intellectual property or “IP” is a term used to describe certain types of intangible property. Like other forms of property, such as real estate and personal property, IP can be owned, purchased or transferred. How ownership is determined differs according to the type of IP. This webinar discusses the importance of certainty in ownership of IP and how ownership of IP is entangled with areas of corporate law and employment law.
Intellectual property refers to creations of the mind like inventions, designs, and artistic works. This document discusses patents, which protect the technical aspects of innovations. Patents provide a legal monopoly for up to 20 years in exchange for publicly disclosing the invention. To get a patent, an idea must be novel, non-obvious, and industrially applicable. Patents can be licensed or sold for value, allowing inventors to profit from their ideas. The document outlines the patenting process and costs involved in obtaining legal protection for intellectual property.
Intellectual property refers to creations of the mind like inventions, designs, and artistic works. This document discusses patents, which protect the technical aspects of innovations. Patents provide a legal monopoly for up to 20 years in exchange for publicly disclosing the invention. To get a patent, an idea must be novel, non-obvious, and industrially applicable. Patents can be licensed or sold for value, allowing inventors to profit from their ideas. The document outlines the patenting process and costs involved in obtaining legal protection for intellectual property.
Intellectual property refers to creations of the mind like inventions, designs, and artistic works. This document discusses patents, which protect the technical aspects of innovations. Patents provide a legal monopoly for up to 20 years in exchange for publicly disclosing the invention. To get a patent, an idea must be novel, non-obvious, and industrially applicable. Patents can be licensed or sold for value, allowing inventors to profit from their ideas. The document outlines the patenting process and costs involved in obtaining legal protection for intellectual property.
Intellectual property refers to creations of the mind like inventions, designs, and artistic works. This document discusses patents, which protect the technical aspects of innovations. Patents provide a legal monopoly for up to 20 years in exchange for publicly disclosing the invention. To get a patent, an idea must be novel, non-obvious, and industrially applicable. Patents can be licensed or sold for value, allowing inventors to profit from their ideas. The document outlines the patenting process and costs involved in obtaining legal protection for intellectual property.
Intellectual property refers to creations of the mind like inventions, designs, and artistic works. This document discusses patents, which protect the technical aspects of innovations. Patents provide a legal monopoly for up to 20 years in exchange for publicly disclosing the invention. To get a patent, an idea must be novel, non-obvious, and industrially applicable. Patents can be licensed or sold for value, allowing inventors to profit from their ideas. The document outlines the patenting process and costs involved in obtaining legal protection for intellectual property.
The document discusses intellectual property rights in the Philippines as governed by the Intellectual Property Code of the Philippines. It defines various types of intellectual property that are protected such as copyrights, trademarks, geographical indications, industrial designs, patents, integrated circuit layout designs, undisclosed information, utility models, and plant variety protections. It also discusses the Intellectual Property Office of the Philippines which was created to administer these intellectual property rights and implement state policies on intellectual property. The document outlines the office's services which include registration and granting of intellectual property rights as well as legal remedies, technology transfer, mediation, training, and advisory services.
The document discusses various forms of intellectual property including patents, trademarks, copyrights, and trade secrets. It provides information on establishing legal protection for intellectual property, selecting lawyers, applying for patents, types of patents, patent infringement, registering trademarks, copyrights, ensuring trade secret protection, and licensing intellectual property.
Group 8 presented on patents and trademarks. They discussed that a trademark identifies the source of goods/services and can be words, designs, slogans, or packaging. Patents protect inventions and can be utility, design, or plant patents. To obtain protection, trademarks must be distinctive and patents must be novel, non-obvious, and useful. Criteria to obtain intellectual property protection were provided for Pakistan, US, UK, China, and Australia.
Intellectual Property Strategy Maximising value fr.docxvrickens
Intellectual Property
Strategy
Maximising value from IP
Intellectual Property Strategy
1
Intellectual Property Strategy - Where do I
start?
Regardless of the nature of your business, you will be using and creating intellectual property all the
time. This article helps you to decide where intellectual property should be on your list of priorities. It
also aims to help you develop a plan for your intellectual property by providing information about the
processes, time and costs involved in protecting intellectual property rights.
What is intellectual property?
Intellectual property is a collection of intangible property which can be protected by law. Intellectual
property rights entitle you to stop others from using your intellectual property. These rights can be
assigned from one owner to another, licensed and used as security for borrowing.
Who is entitled to intellectual property rights?
The first owner of the intellectual property rights in a work is usually the creator of the work. There is a
key exception to this general rule in that intellectual property rights in works created in the course of
employment usually belong to the employer.
How can I tell what intellectual property is important to my business?
Are inventions important to your business? See PATENTS
Are trade secrets or other confidential information (e.g. customer lists) important to your
business? See CONFIDENTIAL INFORMATION
Do you hope to draw in business by developing a brand or other distinctive “get-up”? See
TRADE MARKS
Will your company create valuable works such as software, documents, music, broadcast
or website content? See COPYRIGHT AND DATABASE RIGHTS
Is the appearance of your product important, for example, because it is a fashion item or
interior design piece? See DESIGNS
What do I have to do to protect my intellectual property?
Some rights arise automatically on creation of the work: these are copyright, database right, design
right, rights in passing off (see trade marks) and some rights in confidential information. Other rights
can only be obtained by application to the Intellectual Property Office (in the UK). Patents, registered
trade marks and registered designs fall into this category. Intellectual property rights are national
rights; you must ensure that your registrations cover all the countries where you want protection.
Intellectual Property Strategy
2
Intellectual Property - Patents
A patent is available to protect certain inventions. Some countries (excluding the UK) have a
secondary protection system of “utility models” for minor inventions (primarily mechanical
innovations). Whilst a patent application must disclose the invention fully, there is often secret know-
how associated with the invention, for example, how to optimise production of a patented product.
This know-how can be protected as confidential information.
What type of bus ...
InventHelp: How To Patent Your Invention Idea?SuzanneBuckley6
Remember that every inventor's situation is unique, and what works for one inventor may not be the
best fit for another. Carefully evaluate your options, consider the pros and cons, and make an
informed decision based on your specific needs and objectives.
Effective legal representation of innovators and inventors requires careful thought and consideration. Among other things, care must be taken to properly initiate communications, prepare assignments, and handle subsequent legal disputes. This webinar discusses common legal issues that often arise during the representation of innovators and inventors. It also includes valuable advice from both innovators/inventors and the IP attorneys who represent them.
Part of the webinar series: INTELLECTUAL PROPERTY 201 - 2022
See more at https://www.financialpoise.com/webinars/
Effective legal representation of innovators and inventors requires careful thought and consideration. Among other things, care must be taken to properly initiate communications, prepare assignments, and handle subsequent legal disputes. This webinar discusses common legal issues that often arise during the representation of innovators and inventors. It also includes valuable advice from both innovators/inventors and the IP attorneys who represent them.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/legal-issues-for-innovators-inventors-2020/
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IP - What Every Lawyer & Every Client Must Understand (Series: Intellectual P...Financial Poise
Intellectual property or “IP” is a term used to describe certain types of intangible property. Like other forms of property, such as real estate and personal property, IP can be owned, purchased or transferred. How ownership is determined differs according to the type of IP. This webinar discusses the importance of certainty in ownership of IP and how ownership of IP is entangled with areas of corporate law and employment law.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/ip-what-every-lawyer-must-understand-2020/
This document discusses various types of intellectual property, including patents, copyrights, trademarks, trade secrets, and geographical indications. It provides details on:
- What constitutes each type of intellectual property and the basic requirements or criteria for protection. For example, patents require novelty, inventive step, and industrial applicability.
- The rights granted by each type of intellectual property. For example, copyright provides exclusive rights over reproduction, preparation of derivatives, and distribution.
- Examples of intellectual property disputes in various jurisdictions.
- The procedures for obtaining intellectual property protections like patents and registering trademarks.
So in summary, the document outlines the key types of intellectual property, their defining characteristics and rights, as well
How To Patent A Prototype In Australia?IPPARTNERSHIP
It's simpler than you may think to file for a patent, but it still takes time, money, and meticulous attention to detail. Here is a description of the patenting process.
As an investor, you are aware of the challenges involved in turning a concept into a finished product. All inventions demand a major time and financial investment, regardless of how tiny, simple, and innovative they are or how complex and tough they are. This frequently results in patent applications. The need for a prototype prior to filing for a patent is one of the crucial factors that many people take into account. In these cases competent patent or trademarking lawyers who can assist you in making these crucial selections as well as handle them on your behalf is needed.
Visit-https://www.ippartnership.com.au/trade-marks.html
IP rights are an important class of intangible assets that can be assigned or licensed to generate revenue. Indeed, some companies do not make or sell products; their entire revenue is derived from the licensing of their patents. Suffice it to say, licensing revenue has become a significant source of value in the global intellectual property economy. This webinar will help you better understand the complex legal issues associated with IP transactions.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/buying-selling-ip-2020/
IP: What Every Lawyer & Every Client Must Understand (Series: Intellectual Pr...Financial Poise
Intellectual property or “IP” is a term used to describe certain types of intangible property. Like other forms of property, such as real estate and personal property, IP can be owned, purchased or transferred. How ownership is determined differs according to the type of IP. This webinar discusses the importance of certainty in ownership of IP and how ownership of IP is entangled with areas of corporate law and employment law.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/ip-what-every-lawyer-every-client-must-understand-2021/
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Microsoft’s Digital Transformation Framework
McKinsey’s Ten Guiding Principles of Digital Transformation
Forrester’s Digital Transformation Framework
IDC’s Digital Transformation MaturityScape
MIT’s Digital Transformation Framework
Gartner’s Digital Transformation Framework
Accenture’s Digital Strategy & Enterprise Frameworks
Deloitte’s Digital Industrial Transformation Framework
Capgemini’s Digital Transformation Framework
PwC’s Digital Transformation Framework
Cisco’s Digital Transformation Framework
Cognizant’s Digital Transformation Framework
DXC Technology’s Digital Transformation Framework
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Four Levels of Digital Maturity
Design Thinking Framework
Business Model Canvas
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2. PATENTS, TRADE MARKS AND DESIGNS
Founded in Queensland in 1936, Cullens is one of Australia’s most experienced firms of patent and trade
mark attorneys with offices in Brisbane, the Gold Coast and Townsville.
Whether you need patent protection or a design or trade mark registration, the Cullens team will secure
the most advantageous legal protection for your intellectual property. We do that by taking the time to
learn about your business, long term objectives and competitors.
The Cullens team has expertise in a wide range of technologies, including mechanical, electrical, chemical,
civil and mining engineering, biotechnology, pharmaceuticals, chemistry, computer science, physics,
electronics, biology and agriculture, as well as expertise in design and trade mark matters.
Our clients have trusted us for over 75 years to advise and guide them in all aspects of protecting their
intellectual property and managing risk.
Patent Attorneys
Under theAustralian PatentsAct, only registered PatentAttorneys are permitted to prepare and amend patent
applications on behalf of clients. For a particular invention, it is desirable to choose a patent attorney who is
familiar with the technology involved to ensure adequate disclosure and claiming of the invention.
All professional work at Cullens is performed by or under the supervision of a registered attorney who has the
appropriate knowledge, skills and qualifications for that work.
We are bound by the Code of Conduct for Patent and Trade Marks Attorneys of the Professional Standards
Board for Patent and Trade Mark Attorneys.
Cullens Patent and Trade Mark Attorneys
Professional services (practising in Australia and New Zealand)
Patents
• Patentability advice
• Preparing patent specifications
• Filing and prosecuting patent applications
• Maintaining patent applications and patents
Trade Marks
• Trade mark registrability advice
• Filing and prosecuting trade mark
applications
• Renewing registered trade marks
Designs
• Design registrability advice
• Filing and prosecuting design applications
• Renewing registered designs
Other IP Services
• Infringement and validity advice
• Monitoring competitors’ intellectual property
• Novelty and infringement searches
• Oppositions
• Determining status of patents, trade marks
and designs
• Audits to facilitate the identification and
protection of intellectual property
• Managing intellectual property portfolios
• Licensing intellectual property
• Assignment of intellectual property
• Industrial copyright advice
• Plant breeder’s rights
• Circuit layout rights
• Searching and registering domain names
• Business names
4. What is not protected is
at risk
2
In the world of business, market advantage is acquired through the creation of intellectual property, be it
ongoing product and process innovation, novel designs or distinctive brands. These are the cornerstones
of any business, differentiating it from competitors and providing a sustainable commercial edge in a
competitive environment.
Are your most valuable assets protected?
Intangible assets are often regarded as the most valuable on a company’s balance sheet. Consider for
example, the value of the Coke®
brand, or the licensing revenue generated by a successful pharmaceutical
covered by a portfolio of patents.
Intellectual property falls within the class of intangible assets.A number of forms of intellectual property
can be protected, for example, by patents and designs, registered trade marks, domain names and plant
breeder’s rights. Other forms include copyright and circuit layout rights, which are automatic rights.When
considering which type of protection to acquire, the nature of the product or process, its potential life span
and the potential market place should be taken into account. If your business plan includes exporting to
or manufacturing in a country other than Australia, your intellectual property may need to be protected in
the countries or region in which you will conduct business.
Prompt attention to your intellectual property will help you to avoid the potentially disastrous
consequences of failing to take appropriate action at the right time.
Co-ordinating your business plan, marketing plan and intellectual property portfolio will
pay dividends in the future, add value to your business and assist in keeping your
competitors at bay.
What is worth copying is
worth protecting‘‘
‘‘
PATENTS, TRADE MARKS AND DESIGNS
Introduction
‘‘
‘‘
5. Patents
A patent is the statutory right to the exclusive use of an invention.Thus, the owner has the right to prevent
others from making, selling, using or importing the invention for as long as the patent remains in force.
Patents can be obtained in respect of products and processes that are new and useful. In general, in order
to be patentable, the invention should be of an industrial, commercial or trading character, as opposed to
a purely artistic or intellectual exercise.
The invention must be new and involve some ingenuity or exercise of inventive skill, but it is not necessary
that the invention be complex or a major breakthrough. Even simple or small improvements can be
patented, provided that such improvements result in significant advantages.
Whilst in general it is necessary for an invention to be new at the time of the first filing,Australia provides
a grace period of twelve months from a disclosure by the applicant within which to file a complete patent
application. However, where reliance is made on the grace period, the rights granted upon issue of a
patent may be limited.
Furthermore, a disclosure in the grace period, before the filing of an application, may invalidate overseas
applications in the majority of countries which do not have an equivalent grace period.
Filing a patent application in Australia
When applying for a patent in Australia, it is necessary to submit a description of the invention (called
the “specification”) to the Patent Office to obtain a priority date. The invention should be described in
sufficient detail in the specification to enable “a person skilled in the art” to put the invention into effect,
without the need to exercise further inventive skill or ingenuity.
Any public disclosure or commercial use of a patented invention after the priority date will not prejudice
the validity of that patent. Normally, once the invention has been described in a patent application, it
may be advertised, sold or otherwise disclosed to the public without prejudice to the validity of the patent
to issue on that application.
A patent application may be either a “provisional” application or a “complete” application.
Provisional patent applications
A provisional application is useful if the invention is in its infancy and changes and modifications are
envisaged in the 12 month period following the filing of the provisional application. Filing a provisional
application with the Australian Patent Office establishes a “priority date” for the invention described
in the provisional specification. If the applicant wishes to obtain a patent, the applicant must file a
complete application within 12 months of filing of the provisional application. Filing the provisional
application effectively gives the applicant a 12 month window in which to proceed with patenting
and enables development of a market-ready prototype. However, if no further development of the
invention is envisaged, or if the applicant wishes to obtain a patent as soon as possible, it may be
more appropriate to file a complete application in the first instance.
PATENTS, TRADE MARKS AND DESIGNS
The patenting procedure
3
Obtaining a patent in Australia
Meet with
Patent
Attorney
Undertake
Search
File
Provisional
Application
File
Innovation
Patent
Application
File
Standard
Patent
Application
File
International
Patent
Application
12 months
▲
▲
6. 4
Complete patent applications
The complete application may be for a standard patent or an innovation patent.
The term of a standard patent is 20 years, commencing on the date of filing of the complete application.
After a standard patent application is filed, it will be examined by a Patent Examiner, but only if an
examination fee is paid. Examination must be requested within five years of the filing of the complete
application, or within two months of a direction from the Patent Office to do so, whichever is the earlier,
otherwise the application will lapse. During examination, the Patent Examiner will conduct novelty
searches and examine the application for compliance with the Patents Act and Regulations. If objections
are raised by the Examiner, the applicant is allowed a period to overcome the objections and place the
application in a condition for acceptance. If and when the application is accepted by the Patent Office,
the acceptance is advertised in the Official Journal of Patents. An acceptance fee is payable within three
months of the advertisement.
In some instances the Patent Office will also issue a novelty search report prior to publication of the
application.
Any person may oppose the grant of a patent on a standard application by filing a Notice of Opposition
within three months of the advertisement of acceptance. If an opposition is filed, both the applicant and
the opponent are given an opportunity to lodge evidence, and the matter is then heard by a Delegate of
the Commissioner of Patents.The majority of patent applications proceed to grant unopposed.
If there is no opposition, or if the opposition is unsuccessful, a patent will be granted on the application
(if the acceptance fee has been paid).
To maintain the patent, or patent application in force, it is necessary to pay annual fees.These fees are called
“continuation fees” during the application phase, and “renewal fees” after the patent has been granted. No
continuation fees are payable for the first four years after the filing of the complete application.
You are not entitled to represent that an invention is patented until the patent has been granted. Once
the patent has been granted, you are entitled to mark the product with the word “patented”. While the
patent application is pending however, you may use the notation “patent pending” or “patent applied
for” or “patent application no. ...”.
Innovation patent applications
If a complete application for an innovation patent is filed, the application will immediately undergo a
formalities check and a patent will be granted if all formal matters are in order. No examination of the
subject matter is made, other than to ensure that it is not excluded subject matter.
The innovation patent will be granted for a term of eight years, subject to annual renewal fees being
paid, but the patent cannot be enforced until the patent is examined and certified by the Patent Office.
Examination may be requested by the patentee, a third-party or upon the direction of the Commissioner.
A third-party can oppose the certification after the patent has been granted by the Patent Office.
Innovation patents are suitable for protecting lower level inventions, which cannot be protected by
standard patents. However, they can also be used for high level inventions, particularly those with short
market life.PATENTS, TRADE MARKS AND DESIGNS
Australian standard
patent application
Application
Rejected
Patent
Refused
Appeal
to Court
Appeal
to Court
Publication
of
Application
Opposition
byThird-
Parties
Expiry
20 years from filing
Commencing 4 years
from filing
Direction to
Request
Examination
Request
Examination
Annual
Renewal
Examination
Application
Accepted
▲
▲
File
Standard
Patent
Application
Response
Filed
Report
Issues?
✔
No
Objections
Opposition
Successful
Objections
▲
▲
▲
?
Opposition
Dismissed
▲
✘
Grant
Preliminary
Search &
Opinion
?
$
✔
$
$
$
$
$
$
$
$
$
7. Infringement, or ‘freedom to use’ searches should be carried out prior to using a trade mark, design or
invention.
Registrability searches should be carried out prior to taking steps to register a trade mark, design or
patent.
Searching is a specialist task and it is recommended that searches be carried out by a
Patent and Trade Mark Attorney.
Resources for conducting searches:
Patent searches
Australia: www.ipaustralia.gov.au
USA: www.patft.uspto.gov
“Worldwide” (including WIPO, Japan, Europe & Others): worldwide.espacenet.com
Trade mark searches
Australia: www.ipaustralia.gov.au
USA: www.uspto.gov/main/trademarks.htm
Madrid Protocol: www.wipo.int/romarin
Design searches
Australia: pericles.ipaustralia.gov.au/adds2/adds.adds_start.intro
USA: www.patft.uspto.gov
European Community Designs: http://oami.europa.eu/ows/rw/pages/index.en.do
Australian business & company name searches
ASIC: www.search.asic.gov.au
General internet searches
Google: www.google.com.au
PATENTS, TRADE MARKS AND DESIGNS 5
Searches
Australian innovation
patent application
Patent
Revoked
Patent
Revoked
Appeal
to Court
Appeal
to Court
Grant
Opposition
by Third
Parties
Expiry
To enforce
8 years from filing
Commencing 2 years
from filing
Request
Examination
Annual
Renewal
Examination
Certification
▲
▲
▲
File
Innovation
Patent
Application
Response
Filed
$
$
$
$
Report
Issues
$
$
0-3 months
▲
▲
?
✔
No
Objections
Opposition
Successful
Objections
▲
▲
▲
$
? $
Opposition
Dismissed
▲
✔
$
$
8. Patents are granted by the patent offices of individual countries (and a limited number of multinational
patent offices). In order to obtain patent protection in overseas countries, it is normally necessary to
obtain a patent in each country in which patent protection is required. The Patent Office is usually an
authority of the government of a country and since there is no world government, it follows that that
there is no “World Patent”.
Patent applications under the Paris Convention
One method of obtaining patents in multiple countries is to lodge a separate patent application in each
country of interest. Once the first patent application has been filed in a country which is a member of the
Paris Convention (e.g. Australia), the filing of corresponding applications in other convention countries
can be deferred by up to twelve months from the first filing without loss of priority. Most countries are
party to the Paris Convention.
The cost of filing overseas patent applications varies from country to country, and costs in non-English
speaking countries are usually greater due to the need to translate the patent specification and associated
correspondence. Note that costs will also be incurred after filing the application due to the need to
process the application through to the grant of a patent.
Patent Co-operation Treaty applications
Another method is to utilize the provisions of the Patent Co-operationTreaty. Most countries of the world are
party to the Patent Co-operation Treaty [“PCT”].
Under the provisions of the PCT, a single International (PCT) patent application can be filed with the
International Bureau.The deadline for filing individual applications in those countries can then be deferred to
30 or 31 months (depending on the country) from the priority date of the application.During the PCT phase,
an international novelty search is conducted and the applicant is provided with the results of that search.
The applicant will therefore have the benefit of the search results before having to decide whether or not to
proceed in any or all of the countries covered by the PCT application.
The PCT allows a patent application to be filed initially in one language at one Patent
Office and with one set of fees, while keeping open the option of proceeding in multiple
countries. The international patent search provides an indication of the novelty or otherwise
of the invention, and therefore the possibility of obtaining strong patents. The PCT application
can be amended, if required, to distinguish the invention from any document located in
the international search, which can minimise future processing costs.
It should be noted that the PCT application is an intermediate step and does not take the place of
individual “national” applications in each country, but defers the national processing of the patent
application in each country. The costs of a PCT application are additional to the costs of the national
processing of the patent application in each selected country.
6
Overseas patent applications
PATENTS, TRADE MARKS AND DESIGNS
9. European patent applications
Most European countries are party to the European Patent Convention (“EPC”), which allows a single
“European” patent application to be filed with the European Patent Office.The European patent application
will be examined by the European Patent Office and if the application is in a condition for acceptance,
a European patent will be granted. From 2014, it will also be possible to obtain a unitary European
patent, i.e. a single patent covering multiple European countries without the need for individual national
validation. In order to obtain patent protection in any of the countries designated in the European patent
application, the European patent is then validated in those countries, and a translation of the European
patent specification into the national language of each individual country is required. If patent protection
is required in more than three European countries, it is usually cost effective to file a European patent
application.
List of countries party to the Patent Co-operation Treaty:
Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan,
Bahrain, Barbados, Belarus, Belgium, Belize, Benin, Bosnia and Herzegovina, Botswana, Brazil, Bulgaria,
Burkina Faso, Cameroon, Canada, Central African Republic, Chad, Chile, China, Colombia, Comoros,
Congo, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic
of Korea, Denmark, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea,
Estonia, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala,
Guinea, Guinea-Bissau, Holy See, Honduras, Hungary, Iceland, India, Indonesia, Ireland, Iran (Islamic
Republic of), Israel, Italy, Japan, Kazakhstan, Kenya, Kyrgyzstan, Lao People’s Democratic Republic, Latvia,
Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi,
Malaysia, Mali, Malta, Mauritania, Mexico, Monaco, Mongolia, Montenegro, Morocco, Mozambique,
Namibia, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Papua New Guinea, Peru,
Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint
Kitts and Nevis, Saint Lucia, Saint Vincent & the Grenadines, San Marino, Sao Tome and Principe, Senegal,
Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sudan,
Swaziland, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, Thailand, The former Yugoslav Republic
of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab
Emirates, United Kingdom, United Republic of Tanzania, United States of America, Uzbekistan, Vietnam,
Zambia, Zimbabwe.
(As at date of publishing).
PATENTS, TRADE MARKS AND DESIGNS 7
International patent
application
Opinion
Issues
International
Search
Report Issues
Preliminary
Examination
Commence
National
Phase in
Designated
Countries
3-4 months
Optional
Optional
30 months from
Priority Date
19 - 22 months
from Priority
Date
18 months from
Priority Date
Publication
of
Application
Preliminary
Examination
Report
Issues
$
▲
▲▲▲▲
▲
File
International
Patent
Application
$
$
Amendments
Request
International
Preliminary
Examination
$
$
$
Reply
(Optional) $
$
?
10. Choosing a trade mark
A trade mark is used to signify that products or services originate from a particular entity or business,
and/or that the products or services are of a particular quality.
When choosing a trade mark, it is advisable to choose one which is easily registered so that registration
can be obtained quickly and with a minimum of cost.
A trade mark may consist of a word(s), number(s), a logo or a combination of these. A trade mark may
even be a three dimensional shape, sound or smell (although these are more difficult to register).
The following points should be borne in mind when selecting a new trade mark:
1. The trade mark should be distinctive, or at least capable of becoming distinctive with use.
2. Invented words are normally inherently distinctive and hence registrable, subject to there being no
conflicts with other trade marks. Note however, that simply putting two known words together to form
a new word does not necessarily constitute an “invented” word. For example, GOODBUY would not
be considered to be an invented word since it is simply a juxtaposition of the words GOOD and BUY.
Examples of trade marks which are invented words include KODAK, XEROX and SPAM.
3. The trade mark must not be directly descriptive of the goods or services for which registration is
sought.
4. Geographical names should be avoided as it is extremely difficult to obtain a trade mark monopoly for
a geographical name.
5. Common surnames should not be chosen as trade marks since they are difficult to register. If
registration of a common surname as a trade mark is sought, it is normally necessary to file evidence
of use of the trade mark to establish that it has become distinctive as a trade mark despite its surname
significance.
6. The name of a person, especially a common name, is not normally registrable unless that name is
represented in a special or particular manner. However, the names of fictitious persons are normally
registrable.
7. The signature of the applicant for registration or some predecessor in his business is normally
registrable.
8. Distinctive logos are normally registrable.
Before using a new trade mark, it is strongly recommended that a trade mark search be conducted to
ascertain whether that trade mark is available for use or registration in relation to the goods or services
of interest. Unauthorised use of a trade mark which is deceptively similar to a registered trade mark
may amount to infringement and render the user liable to a claim for substantial damages or an account
of profits.
Trade marks should not be confused with business names. Business name registration is required in the
public interest, and does not grant proprietary rights in that name to the registered owner. Trade marks
are assets with many of the same implications as capital assets (like equipment), including the ability to
be bought, licensed or sold.
A name may be registered as both a business name and a trade mark.
8
Trade mark registration in Australia
PATENTS, TRADE MARKS AND DESIGNS
11. Australian trade mark
registration
Appeal to
Court
Pre-Filing
Search
Registration
Refused
Registration
4 months
2 months
File Trade
Mark
Application(s)
Examination
by Trade
Marks Office
Advertisement
of Acceptance
Pay Registration
Fees
Examiner’s
Report
Issues
Respond to
Report
Renewal
(10 years)
$
$
$
$
$
?
No
Objections
Meet with
Trade Mark
Attorney
$
Application
Rejected
Opposition
by Third-
Party
Registering a trade mark in Australia
For the purpose of registration of a trade mark, goods and services are classified into 45 international
classes. An application may nominate goods and services falling into one or more classes. The cost
of the application depends on the number of classes nominated (but not the number of goods or services
in a specific class).
Where a trade mark is used by members of an association, it may be registered as a “collective trade
mark”.
Trade marks which are used to certify that the goods or services comply with prescribed standards can
be registered as “certification marks”. Examples of such certification marks include the well-known wool
mark, and the trade mark of the Standards Association of Australia.
If a trade mark is well known in respect of certain goods or services, and confusion may arise if the same
trade mark is used by others in respect of other goods or services, a “defensive” registration of that trade
mark can be obtained in respect of such other goods or services, even though the registered proprietor
may not have any intention of using the trade mark on those other goods or services.
After an application has been filed with the Trade Marks Office, it will be examined by the Trade Marks
Examiner. If objections are raised by the Trade Marks Examiner, a period of 15 months is allowed within
which to overcome objections, for example by submitting argument, amending the application or
submitting evidence of use of the trade mark. Limited extensions of time may be obtained upon payment
of extension fees.
If there are no objections to registration, or if the objections are overcome, the application is accepted
and acceptance is advertised in the Official Journal of Trade Marks. A registration fee is payable within
six months of the advertisement.
Any person may oppose the registration of the trade mark within two months of the advertisement of
acceptance. If opposition is filed, both the applicant and the opponent are given an opportunity to lodge
evidence and the matter is heard by a Delegate of the Registrar of Trade Marks. In the majority of cases,
trade mark applications are not opposed.
If there is no opposition, or if the opposition is unsuccessful, the trade mark will be registered (assuming
that the registration fee is paid). The initial term of registration is 10 years from the date of filing of the
trade mark application.
Thereafter, the registration can be renewed indefinitely for 10 year periods.
If a registered trade mark is not used during a continuous period of three years in relation to the goods
or services for which it is registered, any interested person may apply for removal of the trade mark on
the ground of “non-use”.
PATENTS, TRADE MARKS AND DESIGNS 9
$
12. 10
Almost all overseas countries have trade mark laws which allow registration of trade marks. Registration
is strongly recommended in any overseas country in which active manufacturing or trading is proposed,
for the following reasons:
a. In overseas countries, it is generally more difficult to rely upon common law rights to protect an
unregistered trade mark.
b. In many countries, there is a “first to file” rule whereby the first person to file a trade mark application
is entitled to registration notwithstanding the earlier use of the same trade mark by another person.
c. Registration provides control over the use of the trade mark by a licensee or distributor in the particular
overseas country.
Before using a trade mark in an overseas country,it is recommended that a search be conducted to ascertain
whether the mark is, in fact, available for use and registration in that country and that the prospective
trade mark will be acceptable to consumers in a particular overseas country or overseas market.That is, the
proprietor should ensure that the trade mark does not have an unfavourable meaning or does not translate
unfavourably, derogatively, or descriptively in the particular overseas country.
Trade marks can be registered on a country-by-country basis, i.e. a separate application is filed in each
country of interest.
However, the Madrid Protocol also allows an applicant to register trade marks in at least 86 countries in a
cost effective way by filing a single international application in English. The international application must
be based on an existing Australian trade mark application or registration. The international application is
then forwarded to every designated country where it is examined. If objections are raised, there will be an
opportunity to make submissions to overcome the objections. If no objection is raised and no opposition is
filed in a particular country, the trade mark is then protected in that country. Renewal fees are payable every
10 years.
European Union countries can be covered by a single Community Trade Mark application.The application
will be examined by the Community Trademarks Office, accepted if no objections/oppositions are raised
and registered for a period of 10 years. Renewal fees are payable every 10 years.
Copyright
Copyright protects “works” including literary, dramatic, artistic and musical works. Some of the “works”
which can be covered by copyright include: computer programs; compilations such as anthologies,
directories and databases; artistic works such as logos, drawings, cartoons, photographs, maps and plans,
paintings and sculpture; dramatic works such as choreography, plays and mime; musical works including
the music itself, separately from any lyrics or recording; cinematograph films; sound recordings; broadcasts;
published editions (typographical arrangements of publishers).
Copyright protection in Australia is free and automatic if the author is an eligible person. An original
“work” is protected by copyright from the time it is first written down or recorded in some way. Generally,
copyright lasts from the time the work is created until 70 years after the year of the creator’s death. Once
copyright has expired, anyone can use the material without permission.
The general rule under the Copyright Act is that the first owner of copyright in a “work” is its creator.
There are, however, some exceptions to this general rule, which can be excluded or varied by agreement.
For example, in the case of an employer/employee situation, the first owner of copyright will be the
employer if the artistic work was created as part of the employee’s usual duties.
Registering trade marks in overseas countries
PATENTS, TRADE MARKS AND DESIGNS
13. Business owners who commission work such as the design of a logo for a trade mark, software, or the
design of a web page should have a written agreement stating who will own the copyright. A written
agreement can avoid any misunderstanding or disagreement which can otherwise occur as to what the
business can do with work they have commissioned. In the absence of any agreement, the creator of the
work usually retains ownership in many cases – not the business.
While assignments and exclusive licences must normally be in writing and signed by or on behalf of the
copyright owner to be fully effective, it is good business practice to put all agreements relating to copyright
into writing.
Industrial designers should further keep in mind that most designs cannot rely on dual protection under
the Copyright Act and the Designs Act as they may become unenforceable under the Copyright Act once
commercialised.
Registering a design
A design registration protects features of appearance of a product (or part of it), namely its shape,
configuration, pattern or ornamentation. A design registration does not provide protection in relation
to the construction or function of a product. The Designs Act 2003 allows for the registration of designs
of component parts of complex products, but those registrations will be subject to a “right of repair”
infringement exemption.
An Australian design registration has effect throughout the whole of Australia.
In order to obtain a valid design registration, there should not have been any public or unrestricted
disclosure of the design prior to the filing of the design application.
When applying for registration of a design, the application must be accompanied by representations of
the product(s) illustrating the design features for which protection is required. Such representations are
preferably drawings, but photographs may suffice.
The application will undergo a formalities check and the design will be registered if all formal matters
are in order. However, the owner of an unexamined design registration will be unable to commence
infringement proceedings against an alleged infringer until the design registration has been certified
following examination.
Examination of the design can be requested at any time after registration. If the design is found to be
“new and distinctive” and not “substantially similar in overall impression” to an earlier registered design,
a Certificate of Examination will be issued. If not, the design registration will be revoked.
The total term of registration is 10 years subject to payment of a renewal fee five years from the date of
application for registration.
Overseas design registration
Australian design registrations do not extend beyond Australia. Consequently, it is necessary to file design
applications in other countries if overseas design protection is required. Overseas design applications are
usually filed on a country-by-country basis. However, the European Community can be covered by a single
Community Design registration.
Overseas design applications can claim priority from an Australian design application but the overseas
design application must be filed within six months of the filing date of the Australian design application.
PATENTS, TRADE MARKS AND DESIGNS 11
Australian design
registration
File Design
Application
Appeal to
Court
Certificate of
Registration
Issues
Design
Revoked
Certificate of
Examination
Issues
Objections
5 years from filing
10 years from filing
Request
Examination
Report
Issues
Response
Filed
Renewal
Examination
Expiry
$
$
$
$
✔
$
$
?
Enforcement
▲
▲
▲
No
Objections▲
$
$
▲
14. Harvesting the Wealth
Consider how you might exit the business, access
the financial rewards or invest in other ventures
Taking an idea to the marketplace requires consideration of several issues at each stage of the commercialisation
pathway. From investigating the feasibility of an idea to finally reaping the profits involves not only
determination, but extensive business skills and funding. In order to determine the commercial viability of
a proposed venture, the entrepreneur should have a detailed understanding of the product or service, the
industry he/she will be competing in, the nature of the market and the amount of capital needed to kick-
start the venture. The marketplace has to be researched to determine where the target market is located,
whether the finished product will be able to compete on price and whether the market is big enough to ensure
commercial viability. It is also necessary to determine the expected life cycle of the product or service and
to know how it will generate revenue and profits. The flowchart below was adapted from the Ideas2Market
guidebook on commercialisation published by the Department of State Development and Innovation. For more
information on each step of the process, visit: www.ausicom.com/ideas2market.php
12
Useful resources:
AusIndustry can help you:
• Conduct research and development
• Grow your small business
• Undertake manufacturing and
production
• Commercialise a venture
• Apply for a tax or duty concession
• Gain access to science resources
• Check your eligibility
www.ausindustry.gov.au
Commercialisation
PATENTS, TRADE MARKS AND DESIGNS
Commercialisation pathway
Commercialisation
Options
Will you set up
your own start-up
business, assign or
licence the rights?
Organising
the Business
Entrepreneurship
Have you thought
about logistics,
staffing and
alliances?
Do you have the
makings of a true
entrepreneur?
Business
Planning
Commercial
Structure
Have you
written your
business
plan?
What will be the
commercial structure
of your new venture?
Financing
Growth
Intellectual
Property
Evaluation
Evaluation
Feasibility Study
Growth Stage
Start-up Stage
Pre Start-up Stage
Growth Strategies
Evaluation
Do you have a
realistic financial
plan and funding
support?
Should you
protect your IP?
Have you addressed all the start-up strategies?
Have you addressed all the start-up strategies?
Is your proposed venture commercially viable?
Achieve and maintain your competitive edge
Make your new venture viable
Consider the following
Do you have systems to continuously
improve and maintain quality?
Marketing
Developing
Your Idea
Have you conducted
market research and
developed marketing
strategies?
Do you need funding
to develop your idea
and prototype?
Human
Resources
Do you have
human resource
management
strategies?
Have you addressed all the growth strategies?
Your Idea
Do you have the desire and drive to
take an idea to market?
✘
✘
✘
✘
✔
✔
✔
✔