Intelectual Property SearchesIntellectual Property Searches

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.

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Intellectual Property Searches

Professional Intellectual property searches will also lead to a successful R&D Tax incentive claim

Through conducting a search, we can help you validate the new knowledge required for your R&D Tax Incentive claim.

Our IP search will determine if the product or idea you want to patent has already been invented?

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.

Does a similar Design like the one I have created already exist?

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.

How Do I Know If I’m Violating a Trademark?

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.


Cooper IP your IPTA registered IP Attorneys
for Melbourne & Tasmania

cooper ip intellectual property management

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