In some jurisdictions, if an assignment is not lodged within a given period of time then the assignment may need to be re-executed to get it assigned on the register. In some other jurisdictions, a fine is imposed if an assignment or exclusive license is not...
Continue ReadingYou can use your original Australian or New Zealand trade mark application to lodge international applications in other jurisdictions that have the same filing date as your original application’s date. So, for example, If I have a filing date in Australia of 5 January and...
Continue ReadingIt is a difficult call to make on whether to register in only one or multiple classes at the outset because funds can be tight. The danger of not registering it in all classes is that if a competitor tries to register the same or...
Continue ReadingA registered trade mark does important things for your business. Two of these are: It prevents others from infringing your brand; and It can be used as an absolute defence against some else alleging that you infringe their registered Trade Mark. Most...
Continue ReadingIt is an almost daily occurrence in modern life. You sign up to a web service and get confronted with a tick box asking you to agree to terms and conditions. When people do this, though, they often believe that well-known and trusted corporates have...
Continue ReadingThe concept of a profession dictating the subject matter of invention is artificial. Anyone in any profession can invent anything. In fact, most innovation occurs at the boundaries between professions because the space is less crowded. A more useful question to ask is which employers...
Continue ReadingCrowd Sourcing requires that whatever is being crowdsourced be described to excite your potential investors or to get their assistance. If you are crowdsourcing to find prior art to invalidate a patent that you are currently infringing, you have in effect let a large pool of...
Continue ReadingThe most recent sale (and probably one of the most expensive too) that I can think of is that of ARM Holdings to Softbank for US$31 billion. ARM has 4,500 granted or pending patents. ARM produces the designs (not the chips themselves) for the chips...
Continue ReadingThere are many reasons someone might want to claim and/or enforce copyright in a creation. Some of these reasons include: So they can make money out of it. This is the one most people think about first. So they can prevent the distribution of their...
Continue ReadingI recently had an inventor who was very proud of his invention and had never seen anything like it before. He had a prototype that he had knocked up himself. It was a simple mechanical device, and it was exceedingly effective at solving a very...
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