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A provisional patent application can be a useful first step in protecting an invention, but it is not a patent in itself. Its value depends on what is filed on day one, particularly whether the invention is described clearly enough to support an early priority date and future patent protection.
Having a patent does not necessarily mean you are free to commercialise your product. A freedom to operate search looks for existing patent rights that could create infringement risk before launch, manufacture or market entry. Identifying those risks early can help businesses avoid costly surprises and make better commercial decisions.
Paying for work does not necessarily mean your business owns the intellectual property created. Contractors, agencies and even founders can create valuable IP that sits outside the company unless ownership has been properly documented. Clear employment terms, contractor agreements and IP assignments can help avoid costly problems later.
Not every trade mark application gets accepted. Sometimes the problem is the brand name itself. Other times, the issue is how the application has been filed.
New plant varieties can represent years of work, testing and investment. Plant breeder’s rights can help protect that value, but the timing matters. If you’re breeding, growing or commercialising a new variety, think about IP early.
How different does a product need to look before its design can be protected? A recent Australian Designs Office decision shows why the answer depends on the existing design landscape, the details that distinguish a product and exactly what the prior art reveals.
Two recent Australian copyright disputes involving house plans are a reminder that architectural drawings can be valuable IP assets. We look at what the MG Homes and Metricon cases mean for builders, designers and developers — and why ownership and permitted use of plans should be clear before construction begins.
An IP dispute is not always about winning in court. Sometimes the real objective is to buy time, pressure a deal, create uncertainty or gain commercial leverage. For Australian and New Zealand businesses, understanding what the other side actually wants can be just as important as assessing who is legally right.
Choosing the right trade mark classes is an important part of protecting your brand. We explain how trade mark classes work, why the goods and services you select matter, and what businesses should consider before filing an application.
