Cullens Patent and Trade Mark Attorneys

Cullens Patent and Trade Mark Attorneys

Category: Content
Type: Blog Article

Generated 5 days ago

  • A simple guide to trade mark oppositions in Australia – Part 1

    I receive many enquiries regarding trade mark oppositions. They are the most interesting part of my practice, and are generally not well understood. I have prepared a brief guide, in four parts, to help explain the trade mark opposition process. The four articles will cover: Part 1 – What is a trade mark opposition, and how can a trade mark Continue Reading The post A simple guide to trade mark op...

Cullens Patent and Trade Mark Attorneys

Category: Content
Type: Blog Article

Generated 1 week ago

  • World Intellectual Property Day (or Happy Birthday WIPO)

    The World Intellectual Property Organisation (WIPO) was established in 1967 as an agency of the United Nations. WIPO is headquartered in Geneva, Switzerland, and is “the global forum for intellectual property services, policy, information and cooperation” (http://www.wipo.int/about-wipo/en/). From a practical perspective, WIPO administers a number of International Intellectual Property treaties, i...

Cullens Patent and Trade Mark Attorneys

Category: Content
Type: Blog Article

Generated 1 week ago

Cullens Patent and Trade Mark Attorneys

Category: Content
Type: Blog Article

Generated 3 weeks ago

  • Keeping Watch

    A patent watch provides timely information about newly filed patents of interest, or any change in the status of specific patents or patent applications.  Patent watches are usually performed on a systematic basis (e.g. weekly, monthly) according to what type of watch is required.  Cullens provides a range of services related to patent watching and is experienced in tailoring the Continue Reading ...

Cullens Patent and Trade Mark Attorneys

Category: Content
Type: Blog Article

Generated 3 weeks ago

  • How to design around a patent to avoid infringement

    I hear you have come up with an idea for a new product. However, much to your surprise and dismay, you have discovered that someone else already has a patent covering it. With new products being the result of one’s creative mind and the mind having endless boundaries, you might think that you are simply unlucky and that this scenario Continue Reading The post How to design around a patent to avoid...

Cullens Patent and Trade Mark Attorneys

Category: Content
Type: Blog Article

Generated 1 month ago

  • Guest Post – What is a Fair Equity/Salary Split for Founders in a Start-up?

    Splitting equity can be a messy business as positions and contributions grow and wane; people can be more or less active, and equity becomes complicated. Unless it is considered from the start. “I like to pride myself on thinking pretty long term, but not that long term.” - Mark Zuckerberg The Start-Up Hierarchy The start-up, like any other business can Continue Reading The post Guest Post – What ...

Cullens Patent and Trade Mark Attorneys

Category: Content
Type: Blog Article

Generated 1 month ago

  • How inaccurate is Google Patents?

    Some of you may have heard of Greg Aharonian who operates a subscription news service related to IP. He is a self styled “Judicial Counter-Errorism Expert” who often expresses a strong view that too many patents get granted because inadequate searches are performed by one or more Patent Offices. This morning I received my PATNEWS email with a really good Continue Reading The post How inaccurate is...

Cullens Patent and Trade Mark Attorneys

Category: Content
Type: Blog Article

Generated 1 month ago

  • Data mining IP databases as part of your due diligence

    Intellectual property (IP) databases let you see what your competition is up to, whether it be branding via trade mark application databases or technology via patent databases. Online searchable databases include individual patent office websites (such as IPAustralia.gov.au or uspto.gov) or amalgamator websites (such as worldwide.espacenet.com or patentscope.wipo.int/search/) which combine differe...

Cullens Patent and Trade Mark Attorneys

Category: Content
Type: Blog Article

Generated 1 month ago

  • Contributory Infringement: what is it and are you and your invention at risk?

    It is a patent owner’s responsibility to enforce their patent rights. This includes detecting any infringement of their patent and taking appropriate action against infringers. Most patent owners are aware of direct infringement in which another party makes, sells, uses, or otherwise exploits a patented product or process. In many cases, this type of infringement is easily detected by the Continue...

Cullens Patent and Trade Mark Attorneys

Category: Content
Type: Blog Article

Generated 2 months ago

  • How to avoid being poisoned by your own patent application

    As most patent applicants know, the patentability of an invention is determined by comparing the invention to the pool of public knowledge that existed before the date the application was filed. If the comparison shows that the invention was already known to the public then the application will die. There are so many patents, journals, newspapers, internet websites, and social media Continue Readi...

  • Did you know how to use your patent to gain tax incentives for your investors?

    Did you know that an Early Stage Investor is entitled to tax incentives if the company is an Early Stage Innovation Company (ESIC)?  Further, that so long as the ESIC qualifies as an ESIC immediately after shares are issued to the investor, the investor’s entitlements to early stage investor tax incentives are maintained?  Accordingly, there is incentive for companies to Continue Reading The post ...

Cullens Patent and Trade Mark Attorneys

Category: Content
Type: Blog Article

Generated 2 months ago

  • Plant Breeder’s Rights in Australia

    People who know me well, know that I endeavour to tread lightly on this earth, minimizing my footprint as best I can. This encompasses actions my parents instilled in me, such as turning off lights when leaving a room and not just throwing recyclables in the waste bin. As a result of my endeavours, I have an interest in growing Continue Reading The post Plant Breeder’s Rights in Australia appeared...

Cullens Patent and Trade Mark Attorneys

Category: Content
Type: Blog Article

Generated 2 months ago

  • Secretly using your own invention can jeopardise your patent

    Most inventors are aware that they jeopardise their ability to obtain or retain patent rights if they publicly disclose their invention prior to filing a patent application. However, many inventors do not realise that secret use of the invention, without any public disclosure, may also jeopardise their patent rights. Essentially, ‘secret use’ is considered to be any use of the invention, Continue ...

  • Will the European Unitary Patent and Court start in 2017?

    Easter lies in April this year. Although we are only near the end of January, most of us are already feasting on hot cross buns promptly placed on sale in our supermarkets when New Year’s celebrations ended. How time flies. If only things in the patenting world arrive so quickly. For instance, many patent professionals are wondering if the European Continue Reading The post Will the European Unita...

  • Capturing that elusive IP – key considerations when buying or selling a business

    Part 1 – Trade Marks and brands Business owners are often encouraged to ‘capture’ their IP.  But what does this actually mean? The short answer is “securing enforceable rights over valuable, non-tangible assets of the business.” The issue often arises when the business is sold. Ideally, every business owner would like to be able to hand over a portfolio of Continue Reading The post Capturing that ...

  • New Year Resolutions

    Well here we are, it’s 2017 and no doubt many of you have set personal resolutions for the New Year. The most popular tend to be selected from the following list (some of which are inter-related): • Lose weight • Get fit/healthy • Quit smoking • Drink less alcohol and/or caffeine • Improve your work/life balance (spend more time with your Continue Reading The post New Year Resolutions appeared fir...

  • Can I file one application covering all of my products?

    A question attorneys are often asked by inventors: Can we file one patent application covering several related products or must we file one application per product? Inventors are busy people and are often developing more than one product at a time. Often they are also budget conscious and want to cut costs. When it comes to seeking patent protection for Continue Reading The post Can I file one app...

  • Cullens’ Principal Publishes Handbook for Early Career Professionals

    Brad Postma has been a Principal of Cullens since 2009. A very specific set of skills and expertise are needed to pursue a career in intellectual property and as to be expected in the attorney profession, the journey to the top wasn’t easy. Originally an engineer, Brad found the transition to professional services quite challenging, but overcame these challenges and achieved his goal Continue Read...

  • Why should I pay for a trade mark when I can get copyright for free?

    I am often asked by clients seeking trade mark protection whether they can avoid the cost by simply relying on copyright to protect their valuable brand names and logos. Copyright is a very useful form of IP and certainly has its uses. For instance, copyright covers a broad range of subject matter (e.g. from literary, artistic and musical works, to Continue Reading The post Why should I pay for a ...

  • WEBINAR: How do I decide if my IP is “worth it”?

      There is still time to register for this week's complimentary webinar “How do I decide if my IP is “worth it”? You can register and find more details here. Regan Gourley (Principal) from Cullens Patent and Trade Marks Attorneys  will take you through some of the factors that influence the success or failure of a new product, process or service and ways to evaluate Continue Reading The post WEBIN...

  • Can I add a new version of my product to my existing patent application?

    One everyday task in the life of a patent attorney is the writing of a patent application for a client’s new product or process. The application includes inter alia a description and drawings which disclose the details of the invention. When the writing up is finished the application is filed with the Patent Office for examination and hopefully grant. Sometimes Continue Reading The post Can I add ...

  • Your Trade Mark – Use It or Lose It

    In Australia, unlike the United States, there is no requirement to file evidence of use of a registered trade mark at regular intervals. As an Australian trade mark remains in force for 10 years from the filing date of the application and can be renewed indefinitely (as long as renewal fees are paid), there is a risk that trade mark Continue Reading The post Your Trade Mark – Use It or Lose It app...

Cullens Patent and Trade Mark Attorneys

Category: Content
Type: Blog Article

Generated 7 months ago

  • Open Source Software and Intellectual Property Rights – The Impossible Coexistence?

    In recent times, open source software has increased in popularity, and it has become increasingly common that businesses utilise open source software in one form or another. Examples of commonly used open source software packages include Linux (operating system), MySQL (database), Apache (webserver) and WordPress (CMS/blog). However, open source software is much more than so, and includes many use...

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