Intellectual Property Attorney
Intellectual Property Attorney

WHAT IS INTELLECTUAL PROPERTY?

Intellectual Property (IP) is used to describe creative ideas and includes an invention, innovation, trademarks, patents, products.

Many think that just because they thought of it, it is theirs. But the reality is there are potentially many others who may have thought of it, and protected it too. Intellectual Property Attorney helps in registering Intellectual Property Attorney if is new, original and in some cases inventive.

Infringing Intellectual Property Attorney rights is usually a concern that businesses have when they come to our Firm for advice. The risks of infringement can be minimised if research is conducted by a qualified Patent Attorney.

Also make sure you don’t tell anyone about your idea before you’ve seen and protected your Intellectual Property Attorney. Only a Patent Attorney is required by law to keep your idea confidential.

Our consultancy patent firm specialises in Patent Services, Trademarks Services and Product Design rights. These areas of intellectual property law are a specialised niche, and should not be provided by just anyone.

Intellectual Property Attorney, Patent Attorneys and Trademark Attorneys are most appropriately qualified to provide advice in this area. 

Patent Attorneys are also often referred to by Businesses as Brand Lawyers, Trademark Lawyers, Patent Lawyers, Patent or Trademark Solicitors.

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It’s our industry’s Institute, and you have to be exceptional experience and recommended by other Patent Attorneys to become a member.

Our INTELLECTUAL PROPERTY Attorney SERVICES

Patent Services

($)
  • Protects ideas or inventions
  • Protects systems, methods or processes
  • Up to 20 years protection
  • Example: Hill's Hoist
  • Must be novel inventive and meet other criteria

Trademark Services

($$)
  • Protects brands
  • Protects slogans
  • Protects logos
  • Protects business names
  • Protects company names
  • 10 year term, can be renewed indefinitely
  • Examples: Pepsi, iPhone, Kodak

Product Designs

($$$)
  • Protect the new shape or appearance of a product
  • Up to a 10 year term
  • Examples: Bike helmet, fancy whiskey glass

CAN YOU D.I.Y.?

Yes, you can, but there are substantial risks of infringement, litigation and spending a substantial time, money and effort on a creation which is simply not yours, and you will need to give it away to the true owner eventually.

If you think you can lodge whatever content you think is right and make assumptions and be forgiven if that is wrong, but it doesn’t work like that.
If you are not covered, then you don’t get a second chance to amend the rights to include gaps or problems caused to rights by the manner in which you are commercial trading and not fulfilling your legal obligations.

Not only may your Registration not protect you, but it will actually prevent (in many cases) an Patent Attorney from assisting you later because your D.I.Y. application will usually cause an objection to the later application.

For example, a Patent will be rejected if the idea is disclosed in a prior patent that may be written by you before you saw a practitioner.
In the 21 years we have practised, we have never seen a Trademark Application lodged by a business owner which was correct. 

Many of the issues are now going to the Federal Court and D.I.Y. owners are finding that they have no legal position because the applications or their processes were not correct.

Read our Blog for the latest where some of the Court cases are summarised so you can avoid making the same mistakes.

Intellectual Property SERVICES - FAQs

For protecting idea, inventions, processes, methods and systems that are new, inventive and useful.
A Granted Patent provides exclusive rights to exploit the invention for the life of the patent.

When your idea meets the highest standards then we can obtain 20 years exclusive monopoly rights for you.

For protecting the new shape, configuration, ornamentation or pattern of a product.

For protecting business names, company names, brands, logos, slogans, identities, etc.

What is critical is that the applications are legally perfect to actually stop an infringement.
This aspect is not checked during examination by IP Australia as they do not provide legal advice.

A Registered Product Design, Registered Trademark, or Granted Patent, may be useless in protecting you if not done correctly using a Patent Attorney. We find this all the time with D.I.Y. applications. The applicant just assumes that IP Australia is looking at this for them.

Getting these essential details wrong is fatal to the rights, and enforcement.

And you will not be warned about this unless it is checked by a Patent Attorney before lodgement, as usually you cannot fix problems later.

Amendments are impossible usually as the Application details were incorrect and cannot be altered.

One example we have seen happen so often is discussed below. Company A (D.I.Y.) and Company B (represented) are rivals applying for the same or similar Trademarks to protect their business name.

Scenario 1
Company A’s Application is rejected because it is incorrect and a new application cannot be lodged because Company B now has secured the Trademark rights.

Company A is forced to come up with a new business name. In some cases businesses find this out many years after having run a business which is a real brand concern.

Scenario 2
Company A’s application content had some real gaps in ownership, coverage and therefore will fail to protect them when they need to use it. They are not told this during the Application process because the Government doesn’t review their business plan or website. Company A has little or no rights but think they do.

Company C copies Company A’s Trademark and gets away with it because the Company A’s Trademark has failures in cover and/or ownership.

Professional help is a must.

Registered Intellectual Property (IP) such as Patents, Trademarks or Product Designs enables the owner to initiate Court Action to stop copying or unauthorised exploitation of their IP.

If successful, the infringer has to pay Damages, or Profits, and pay some of the Registered IP owner’s litigation (legal) costs too.

So there is a lot to lose if you accidentally infringe and Court action commences.

It is dangerous to take such a complex area and try it yourself because if you get it wrong, the owner of the Intellectual Property Rights has the the Rights to sue you, and can claim your personal assets, house, car, shares, super, etc. Even being a Director won’t save you as can be clearly shown in 2017 by Federal Court Decision CLIPSAL vs CLIPSO where the Director was held to be personally responsible for the Damage claim.

Still, we find countless people without legal degrees forming incorrect views on results they have found. Either dangerously thinking a result is different enough, or justifying it for reasons which do not exist in the legislation, or dismissing it on the basis that another business may be doing it (in which you can all be sued), or thinking that ASIC Business names gave you rights.

Equally people do not know that IP Australia, the Government body who date stamps applications, do not check the applications for legal correctness, and whilst they look for conflicts with what you have lodged, they do not warranty that they have made the correct decision in accepting and granting you rights. What often happens is Court will look at the rights to see if they are legally correct, and if not, they will void the rights and order IP Australia to cancel. Unfortunately this happens all too often.

It is dangerous to take such a complex area and try it yourself because if you get it wrong, the owner of the Intellectual Property Rights has the the Rights to sue you, and can claim your personal assets, house, car, shares, super, etc. Even being a Director won’t save you as can be clearly shown in 2017 by Federal Court Decision CLIPSAL vs CLIPSO.
Still, we find countless people without legal degrees forming incorrect views on results they have found. Either dangerously thinking a result is different enough, or justifying it for reasons which do not exist in the legislation, or dismissing it on the basis that another business may be doing it (in which you can all be sued), or thinking that ASIC Business names gave you rights.

Equally people do not know that IP Australia, the Government body who date stamps applications, do not check the applications for legal correctness, and whilst they look for conflicts with what you have lodged, they do not warranty that they have made the correct decision in accepting and granting you rights. What often happens is Court will look at the rights to see if they are legally correct, and if not, they will void the rights and order IP Australia to cancel. Unfortunately this happens all too often.

Innovators or inventors come up with an idea and say its theirs but it may actually already be protected by someone else in the form of Intellectual Property Rights.

Additionally they may take the wrong steps which void their right to apply for Intellectual Property Rights. There are many but to name one, disclosing your idea before filing a Patent Application can void the right to apply for the Patent in most countries.

Not many people turn ideas into a fortune – mostly it just stays an idea because we aren’t sure how to take it to the next level or protect it from being stolen by a multinational corporation.

How to go about this can be quite confusing and is often done incorrectly.

Here’s a step by step trademark logo guide:

1. Don’t design graphics until you are confident the words featured in your logo don’t infringe: Otherwise you may waste your funds developing a logo if the words infringe. A Trademark Attorney can conduct trademark searches and assess your proposal. D.I.Y. searches or quick searches by professionals often lead to issues that are only brought out when Court action is commenced. See our Court case reports.

2. Make certain the graphics do not infringe either: If you design a boomerang for your clothing do you infringe Nike’s “Tick symbol” even though they are different items? For legal confidence, a Trademark Attorney should evaluate your image and ensure your logo does not infringe.

3. Trademark your logo: You need the legally correct format, class(es), wording and ownership to enable your Barrister to stop copycats, otherwise your trademark will certainly almost not work. The Trademark Office does not assess these filed components and presumes they are all right. See this Court case where a D.I.Y. Trademark owner engaged a Trademark Attorney when his trademark was infringed to stop a copycat. His Trademark Attorney spotted an issue with the D.I.Y. trademark and amended the Trademark details to fix it, then took Court action. However the judge dismissed the case and ordered Cancellation of the “amended” Trademark Registration on the basis that it was invalid when lodged. The D.I.Y. Trademark owner could not stop the copycat!

4. Wait 8 months for your Trademark to be Registered before use: The Trademark Office does not warranty rights, and the Registration can be Revoked if it were not legally right for you to own them. For clarity, an attorney can lessen your risk in just 2 weeks (or less) with comprehensive infringement research. Beware of quick easy looking searches or offers, they often are not comprehensive and are not worth it!

5. Once Registered, find infringements each month: Monitoring for infringements is not a role of The Trademark Office. An attorney can assist you assess whether a rival’s use of your name infringes and seek compensation for you.

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Why OUR FIRM'S Intellectual Property Services?

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Cost Certainty

We offer our clients certainty and transparency by providing fixed fees.

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Responsive Timeframes

We respond promptly and provide cost-effective outcomes in a responsive manner.

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Specialist Trademark Attorneys

We offer you specialist patent experience and skills.

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Full Service Trademark Attorney Firm

We don't just lodge Applications to protect you, we also provide comprehensive advice on how to protect your entitlement to the intellectual property, so you don't lose it.

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