We offer Patents, Trade Marks, Designs, Business Names and Domain Names, Intellectual Property Portfolio Management, Due Diligence and IP Audits
Wynnes are a successful Patent and Trade Mark Attorney firm with offices in Brisbane. The focus of the firm is to provide a personalised quality service to obtain intellectual property (IP) rights for our clients in the most cost effective manner and in accordance with their business plans.
Part of our culture is to foster relationships with clients so that they feel comfortable in contacting the attorney to discuss a matter without fear of being billed for every second. We feel communication and education of the IP process are vital to achieving the goals of the client. In this way we realise it is a team effort to successfully commercialise the client’s IP.
We are a professional service firm offering a range of services focusing on the areas of patents, designs, and Trade Marks. We provide services in registering business names and domain names. We also provide advanced services such as preparing infringement advice, avoidance advice for a client wishing to sell a product in a heavily patented area of technology, competitor intelligence reports, IP audit of a client''s technology, due diligence assessment of a person's intellectual property that a client wishes to purchase, Custom's seizures, infringement actions and working with legal counsel in associted court proceedings. We tailor one or more of these services to maximize the client's opportunities. With related matters that are outside our offered services, we can refer clients to other professionals from our network of contacts.
What is a Patent?
A patent is a legal right given by the Government to the patentee to exclusively exploit an invention described and claimed in the patent specification. The patent is granted for a defined period of time.
A patent is granted as a result of the patentee applying for a patent and satisfying the statutory requirements for a patent. One of the requirements is that the specification must disclose the invention in such a manner that when the patent has expired, members of the public will be able to perform the invention. The invention must also be novel, have an inventive step or innovative step depending on the type of patent application, be useful and be a manner of manufacture. The requirements are set out in the Patents Act 1990 and interpreted through the relevant case law.
The granting of a patent is a reward for introducing new technology into the country.
A patent is a legal right that may be assigned or licensed to others in consideration for an agreed sum of money.
Protecting Designs – apply for legal protection for your design in Australia, New Zealand and overseas.
The design of an article (of manufacture) may contribute to the commercial success of the product. The design features of shape, pattern, configuration and ornamentation applied to the article to form the commercial product can be protected by design registration.
Design registration is one form of intellectual property which can be used to protect industrial designs.
Design registration protects the overall appearance of a product. In Australia design registration can protect the design features of aesthetic articles and functional articles. However, a method of manufacture, the use of a particular material or a method of achieving an end cannot be protected by design registration.
Articles Excluded from Design Protection
The Designs Act excludes certain articles from design protection. These articles include those which have a primarily artistic or literary character such as book jackets, calendars, maps, post cards, and greeting cards.
A person can destroy the newness of their own design by inadvertently or purposely disclosing their design before a design application has been filed with the Australian Designs Office. A design application should therefore be filed before there is any publication or the product is released into the market place.
Trade Marks – register and enforce a Trade Mark for legal protection in Australia (Brisbane, Gold Coast, Sydney, Melbourne) and New Zealand
What is a Trade Mark?
A Trade Mark is a sign used or intended to be used in the course of commerce to distinguish the goods or services by a person from the goods or services of another. A trade mark may be a word or words, brand, logo, graphic, icon, shape, colour, sounds, scents and even different aspects of packaging.
Only the owner of the trade mark can register the trade mark. The owner is the person who is the first to use the trade mark in Australia or their successor in title.
A trade mark serves to identify the origin of particular goods or services with a trader enabling the trader to benefit from the reputation and goodwill associated with the trade mark.
- Advantages of Registering a Trade Mark
- Choosing a Trade Mark
- Applying for Registration of a Trade Mark in Australia
- Correct Use of a Trade Mark
- Business Names and Trade Marks
- Watches and Monitoring Trade Marks
It is a criminal offence to represent that a mark is registered in Australia when that it is not. Severe penalties apply for such offences.