INTELLECTUAL PROPERTY

The intellectual property of a business is a significant asset and it is necessary that it is adequately protected and managed. Stewart Law’s experienced lawyers can offer valuable advice on all aspects of intellectual property commercialisation, protection and enforcement.

PATENT

When an invention (such as a device, method, substance or process) is innovative and useful, a patent can be sought in order to hold exclusive commercial rights to it. Such a patent could last between 8 – 25 years. It is important to keep your invention a secret prior to it being registered as a patent.

The benefit of a patent is that it prevents others from using or copying your patent without your permission. It also allows you to commercialise your invention by licencing it as you choose and to whomever you choose. We work closely with you to identify your commercial needs and seek an outcome accordingly. A patent might be the best option where it is important to protect your asset in order to compete in the market. Alternatively, you may prefer to keep it a trade secret, but this carries the risk of reverse engineering by your competitors.

Patents are filed with IP Australia and need to meet certain requirements in order to ensure their successful registration. Our lawyers can assist you in determining what and how to patent, how to file your application and how to search for patents worldwide. Our lawyers can also assist you in issues relating to patent infringement and disputes arising out of enforcement patents.

TRADE MARKS

Trade marks are brandings used to distinguish a business’ goods or services. A trade mark is registered on the product or service of the business which distinguishes it from its competitors such as logos, words, phrases, sounds or jingles, packaging or other.

Unlike a patent, the trade mark does not need to be new or innovative However, your business name or your website name is not your trade mark so it is important that you register your brand separately. The registration last for 10 years after filing date. The benefit of registering a trade mark is that you are then able control how the trade mark is used, licensed or sold. After registration, the trade mark must also be used or it may removed.

At Stewart Law, our experienced lawyers can guide you through the process of registering and ensure you avoid a costly mistake by missing out on your branding. Our lawyers can navigate you through the legislation relating to trade marks in cases where it is necessary to enforce your trade mark, and seek remedies where you have suffered loss as a result of trade mark infringement. Our lawyers can also guide you on how to commercialise your trade mark by deterring new entrants in the market or the licencing and franchising of your trade marks as well. Alternatively, we can assist you in increasing the value of your trade mark as an asset.