A patent is a legal right to exclude others from exploiting your invention. For example, if your invention is patented, others can’t make, sell, use or import your invention without your permission.
This exclusive control over your invention can help you dominate a market, attract investors, and provides leverage in commercial negotiations.
A patent is an intellectual property right which protects inventions.
Inventions can include any new and useful device, substance, method or process. In short, anything novel and commercially useful may be patentable, including software, micro-organisms and pharmaceuticals. Some notable Australian inventions include:
To qualify for patent protection, your invention must be novel. Essentially, your invention must be different from what is already known to the public. We thus recommend conducting a patent search to see if something similar to your invention already exists. Get in touch to learn more about our comprehensive patent searching services.
If your patent search yields promising results, the next step involves drafting and filing a patent application which satisfies the strict and varied patent requirements in Australia and overseas. Drafting patent specifications is an extremely specialised skill which only patent attorneys are qualified to do.
At Cooper IP, our patent attorneys are experienced in drafting patent specifications for inventions across a wide range of technologies, including:
At Cooper IP, we specialise in drafting and prosecuting patent applications through to grant. Complete the form below for a free initial consultation with one of our patent attorneys and learn more about the patent application process.
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In general terms, a “utility patent” protects the way a product is used and works, while a “design patent” protects the way an article looks. The unique appearance for an article includes its shape/configuration or surface ornamentation applied to the article, or both. Cooper IP, your design patent attorneys will help you protect the appearance of your new product with its design patent registration.
To protect articles with a new and distinctive visual appearance, a design patent registration is highly effective. Clients in the General consumer products and apparel fields use the protection of design patents frequently. The same accounts for producers of sports equipment, packaging, hardware and fasteners, medical devices and automotive equipment and accessories.
Without the patent owners explicit permission or license the following privileges apply:
It is strictly prohibited to make, use, import or, most importantly, copy any article that is substantially similar to the protected design. The wording, “substantially similar” is noteworthy, since the meaning is, that to infringe on a patent, a copy does not have to be exact, it only has to be substantially similar to the original.
Cases like those of Apple v Samsung have, for instance, clearly demonstrated the high value of design patents. However, Design Patents are not measured based on the utility of the designs to which they are directed which leaves a possible grey area. To be clear, it is very difficult to determine, how to measure the non-obviousness of an ornamental design. In conclusion, it is very important to engage the services of a competent, professional design patent attorney, but. make sure your design patent attorney is registered with IPTA
At Cooper IP we have vast experience with design patent registrations. Therefore, we can protect your research and development while preventing imitations from riding on the wave of your investment. Cooper IP will be by your side from the beginning to the conclusion of the process.
The answer is rather complex, however, it will become obvious why you should engage trade mark attorneys. Basically, a trade mark is a mark with the purpose of identifying goods or services. The trade mark’s purpose is to distinguish those goods and services from similar kinds of products or marks within the industry. Any sign that can be represented graphically falls within this category. Examples include a device, signature, numeral, shape, name, word, letter, pattern, ornamentation, color in combination with others as well as any combination thereof. A ‘device’ can be any visual representation or illustration that can be reproduced on a surface which can be done by printing, embossing, electronic representation or by any other means.
If, in relation to the same or similar goods or services an identical or similar mark or device is used it is deemed a Trade Mark infringement. If this should happen to you, our litigation team will be at your disposal.
A registered trade mark prevents others from using your branding or anything that is deceptively similar. It is a badge of origin that allows traders to build a reputation for their goods and services. Above all, it makes it easy for consumers to readily identify the origin of particular goods or services. The customer can, thanks to the trade mark also identify characteristics associated with different products or services in the marketplace. Strategic use of your trade marks can prevent others from trading on or damaging your reputation.
At Cooper IP we have many years of experience with trade mark registrations. Therefore, we can protect your creative trade marks, preventing imitations from riding on the wave of your investment. Cooper IP will be by your side from the beginning to the conclusion of the process.
Let’s explain Intellectual Property Management. Intellectual property describes a corporation’s intangible assets. Those are for instance patents, design patents, trade marks or copyrights. In other words, the results of human endeavors that have value and are original, such as inventions, designs, publications, computer software, etc…
These intangible assets increasingly make up a large proportion of a company’s net worth. Today, it has become a commercial imperative within the field of Intellectual Property Management to have professionals handle the protection and management of these assets. This is understandable, considering that their value to the prosperity and above all the future of a corporation is extremely high.
Many corporations are outsourcing their IP portfolio management these days to professionals like Cooper IP. Its importance has simply become imperative for the success and future of any corporation. The management of IP portfolios can be difficult and time consuming without the right tools and experience. Tasks such as docketing, deadline monitoring and tracking of renewal or maintenance fees on patents, designs and trade marks can overload any Intellectual Property department.
We, at Cooper IP, have the right tools and experienced staff to assist with your IP Management.
For instance, our team of IPM professionals will make certain that every deadline is met well on time. Most importantly, we will make sure that you do not lose your rights to highly valuable intellectual property due to a simple oversight. In addition, we will also periodically scan the market for any possible infringements of any of your intellectual property rights. If such infringement is detected, we will inform you immediately and after consultation hand it over to our litigation team.
Intellectual property infringements are on the increase, but we, at Cooper IP can help you protect your intellectual property. At Cooper IP, our litigation team will be on your side to stop any such infringement. On the other hand, our litigation team can also assist if other parties are making infringement allegations against you.
Based on statements by WIPO (World Intellectual Property Organization in Geneva), not only famous Brands like Guccy, Rolex and many others have problems with intellectual property infringements. Reports of counterfeit pharmaceuticals, automobile parts, batteries, and electronic products surface frequently. They make clear the potential harm that could be inflicted on consumers due to low-quality products, not to mention the financial implications for the counterfeited brand
For most people, the thought of enforcement of your intellectual property is overwhelming. However, many patent, design, and trade make disputes are resolved relatively quickly when professional representation is obtained. If you have a suspicion that someone is infringing on your intellectual property you should take action quickly. We suggest to contact us as soon as you have become aware of such an infringement. Likewise, if you receive a letter of demand prompt action should be taken.
Patent, design and trade mark applications can all be subject to an opposition process should a third party oppose the granting of rights to you. If you find yourself in such an Opposition situation, you should seek immediate expert assistance. Contact Cooper IP for assistance if you find yourself in opposition or wish to file an opposition against another party trying to secure rights. Either way, your first consultation will be free of charge.
Only a new or novel invention will be granted a Patent. Likewise, only new and distinctive designs will be accepted for design registration. Only if the goods or services sold under your application are distinguishable over the goods and services of others, trade mark rights can be obtained. That is why it is essential to conduct Intellectual Property Searches prior to applying for any protection
Prior to applying for patent, design or trade mark protection, itis essential to conduct detailed searches to investigate what rights other people have. This will help to identify potential registrability issues prior to making the formal application. Potential infringement issues, i.e. third party rights that may stand in your way, can also be identified and dealt with.
Through conducting a search, we can help you validate the new knowledge required for your R&D Tax Incentive claim.
Your IP attorneys will conduct intellectual property searches to check to see if your idea has already been invented prior to applying for a patent. This will save you time and money. A patent gives you exclusive rights to the product or idea you invented and a way to fight intellectual property theft. The Australian Patent and Trademark Office will check your idea against existing patents and pending applications during the application process. If your creation is too similar to an already existing patent your application will be rejected. The expensive drawback, in this case, is that you’ll lose your application fee. While you might find ideas that are similar to yours, you can still patent your idea, as long as you show on the application how your take on the patent object is new.
Similar points apply to Utility Paten and a Design Patent, However, while a “utility patent” protects the way a product is used and works, a “design patent” protects the way an article looks. This will be the basis for our search, to investigate if your design is unique enough as to not infringe on an already existing design in the same industry.
Your IP Attorneys will conduct a thorough search on your behalf to make sure such a conflict will not occur. A trademark identifies and distinguishes the origin of a product or service in the marketplace. It uses either a word, phrase, design or any combination thereof. It helps people to differentiate between products and services. Businesses have exclusive rights to use their protected marks in commerce. Those rights only apply, as long as they do not violate another party’s mark.