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Posts Tagged: "IP Australia"

UPDATED: Global IP Offices Respond to COVID-19

We live in interesting times. No corner of professional or personal life seems untouched in at least some way by the latest coronavirus (named SARS-CoV-2) and the disease it causes (named “coronavirus disease 2019” abbreviated COVID-19). Governments all around the world are either demanding or suggesting that people quarantine themselves or engage in social distancing. The intellectual property world is no different. The United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), the World Intellectual Property Organization (WIPO), the European Union Intellectual Property Office (EUIPO), IP Australia, the German Patent and Trade Mark Office (DPMA), and the UK Intellectual Property Office (UKIPO) are just some of the Offices that have in recent days issued COVID-19 guidance to inform stakeholders of how the Offices will handle workflow and meetings during this global health emergency.

How to Trademark Hashtags in Australia

A hashtag is a useful way to promote your brand on social media platforms such as Twitter, Facebook, and Instagram. When the name of a brand, a tagline or catchphrase is hashtagged in a post, other users of the platform can find the hashtag easily by simply searching for that particular tag. It’s become an essential part of every brand’s social media marketing strategy. It can be used to attract new customers and engage with them. IP Australia updated the Australian Trade Marks Office Manual of Practice and Procedure in 2016 to include a definition for a hashtag and offers some guidelines for businesses to follow. It also lists examples of what could be seen as ambiguous cases, which you can look at to see if they could also relate to the eligibility of your brand.

Feeling Conflicted: Australian Patent Attorney Firms Under Scrutiny

As previously reported on this blog, in the last two years several large Australian patent attorney firms (having a combined market share of close to 70% in Australia) have been listed on the stock exchange or been acquired by publicly listed companies. This means that almost 70% of the market share of Australian patent filings is controlled by three publicly listed companies… In our opinion, the conflict of interest provisions in the Code of Conduct (the Code) for Patent and Trade Mark Attorneys 2013 (Cth) (“the Code”) do not address the very real and unique conflict issues faced by the sibling firms’ attorneys on a daily basis.

Will Australia’s Listed Firms Save the IP Profession from Stagnation?

My fellow Australian patent attorney Andy Mukherji recently asked the question on this site: Are Australia’s listed IP firms doomed to fail? Doubtless the hyperbole was intentional, but Andy raises a fair point. The Australian IP professions – registered patent and trade marks attorneys (who, for the most part, would be recognized as patent agents rather than attorneys in the US) and IP lawyers – are currently engaged in what might well be regarded as a brave and daring experiment. Prior to 15 April 2013 the regulatory regime in Australia did not even permit patent attorneys to incorporate. Now, less than four years later, not only have many firms chosen to take up the option of incorporation, but Australia now has (to the best of my knowledge) the largest number of publicly-listed IP firms per capita in the world!

Hop on the Patent Prosecution Highway (PPH) via Australia

IP Australia actually has built into its quota system a driver for completing prosecution of open cases before taking up new cases. Therefore, there is a rule inside IP Australia that an Examiner must respond to communication from an applicant within 20 days of receiving the applicant’s communication. Oftentimes, it is sooner. Therefore, an application will not languish at the bottom of the Examiner’s work pile and the case will get attention from the Examiner in short order.

After Searching: Patent Filing Options and PCT ISAs

According to WIPO data, USPTO, EPO and KIPO are major ISAs for U.S. applicants; about 94% of intentional searches have been done by these three patent offices. U.S. applicants may consider the quality of search reports and cost of search fees as the most important factors in selecting an ISA. Search fees vary by ISA, for example, EPO’s rate is relatively high $2,125, USPTO’s rate is $2,080, and KIPO is well known to provide high quality earches with a relevantly competitive cost at $1,219.

Australia and WIPO Sign Agreement in Favor of Least-Developed and Developing Countries

Australia and the World Intellectual Property Organization (WIPO) today signed an agreement detailing how an AUD$2 million Australian contribution would assist least-developed and developing countries improve their intellectual property systems.