24 October 2011

Patent Myths - Changing the Invention

One of the patent myths I hear regularly is what I like to call the 10% rule. It's often couched as follows: "My mate told me that it's pointless to get a patent because someone just needs to change it by 10% and they can get around the patent". Attempting to keep all traces of condescension out of my voice, I ask earnestly: "If I gave you a pair of scissors, how would you change it by 10%?"

The marginally better remark I hear is: "I've heard that there's no point in getting a patent because someone just has to change it a little bit and they can get around the patent". This remark is marginally better because there are many patents out there which define a patent so narrowly that a small variation will be sufficient to avoid infringement.

12 October 2011

Australian Designs - Absolute Novelty

Here's an interesting article from Gilbert & Tobin.

We often have to give both patent and design registration advice to clients. It's important to remember that there is no grace period for filing an application to register a design in Australia. So applicants must either file in the first instance while the design is still confidential or make use of the 6 month convention period as provided in the Paris Convention.

At the end of the day, the rule remains: keep it secret until you have had a discussion with your patent attorney.

Here is some more information on the registration of designs - http://beagar.com.au/Registered%20Designs.htm

05 October 2011

Home-based Business Advice

Here's an interesting and useful article for all of you that are contemplating working from home. It's a challenge, but I can certainly recommend it, since I am one of the lucky ones that do work from home.

Why in an IP blog? Well, many of my clients do have home-based businesses. Also, many looking to file patent or trade mark applications need to find ways of keeping their overheads down. Working from home is definitely one way of doing that.

It's written from a US perspective, but it remains highly appropriate for us here in Australia


02 October 2011

Raising the Patent Bar - Part II (The Innovation Patent)

In my post of 28 July 2011, I discussed some aspects of the Intellectual Property Laws Amendment (Raising the Bar) Bill 2011.

In this post, I will have a look at how it's going to effect our innovation patent system. Also, the Advisory Council on Intellectual Property (ACIP) has recently released an issues paper which discusses some concerns with our innovation patent system with a view to initiating a discussion as to whether or not it should be reviewed.