Cullens Patent and Trade Mark Attorneys
Cullens Patent and Trade Mark Attorneys
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  • New: It has been just over three years since the new New Zealand patent law, in the form of the Patents Act 2013 and Patents Regulations 2014, came fully into force. The new patent law applies to all patent applications filed, and national phases commenced, in New Zealand on or after 13 September 2014. One of the significant changes brought about Continue Reading
Cullens Patent and Trade Mark Attorneys
Cullens Patent and Trade Mark Attorneys
Blog Post
  • It has been just over three years since the new New Zealand patent law, in the form of the Patents Act 2013 and Patents Regulations 2014, came fully into force. The new patent law applies to all patent applications filed, and national phases commenced, in New Zealand on or after 13 September 2014. One of the significant changes brought about Continue Reading The post Warning – New Zealand division...

Cullens Patent and Trade Mark Attorneys
Cullens Patent and Trade Mark Attorneys
Blog Post
  • Cullens’ Principal Dr Bradley Postma will be attending the AIPLA 2017 Annual Meeting in Washington D.C. in October. Each year Dr Postma attends the annual meeting and he welcomes the opportunity to meet with international colleagues. Please send an email to b.postma@cullens.com.au or mail@cullens.com.au if you would like to arrange a time to meet with him.   Complimentary Workshop On Continue Read...

Cullens Patent and Trade Mark Attorneys
Cullens Patent and Trade Mark Attorneys
Blog Post
  • Are you looking to attract investors or get your business ready for sale? Need help getting your IP ducks in a row? Next month Cullens Patent and Trade Mark Attorneys will be holding workshops for small business owners, facilitated by Chamber of Commerce and Industry Queensland (CCIQ). Many business owners can struggle when it comes to trying to properly identify, Continue Reading The post Getting...

Cullens Patent and Trade Mark Attorneys
Cullens Patent and Trade Mark Attorneys
Blog Post
  • Register here for our upcoming complimentary webinar: "Intellectual Property – How to get it right!" A lot of people can tell you what you have done wrong when it comes to your IP and your business (generally after you have done it wrong)! We try to be a little more pre-emptive than that, so we will give some tips on what Continue Reading The post WEBINAR 5 October: Intellectual Property – How to ...

Cullens Patent and Trade Mark Attorneys
Cullens Patent and Trade Mark Attorneys
Blog Post
  • For a product or process to be patentable in Australia, it is commonly understood that it must be novel (new), possess an inventive (non-obvious advantage over similar technology) and be industrially useful. However under some circumstances previously known technology can be patentable. Although the majority of inventions build on previously known technology, they commonly do so to create a new Co...

Cullens Patent and Trade Mark Attorneys
Cullens Patent and Trade Mark Attorneys
Blog Post
  • If you are a Brisbane business founder born in 1976 or later, be acknowledged for your achievements and put yourself and your business or brand before a national audience. Award categories: DIGITAL DISRUPTOR TECHNOLOGY (hardware, servicing or developing tech) MANUFACTURING, WHOLESALE & DISTRIBUTION MARKETING & PR PROFESSIONAL SERVICES RETAIL & SERVICES HOSPITALITY, TOURISM & EVENTS HEALTH & FITNES...

Cullens Patent and Trade Mark Attorneys
Cullens Patent and Trade Mark Attorneys
Blog Post
  • BE RECOGNISED AS A QUEEENSLAND EXPORT CHAMPION AND JOIN US IN CELEBRATING EXCELLENCE IN INTERNATIONAL TRADE. Applying for the awards has many benefits, including Raising your profile and reputation significantly among local and international customers; Distinguishing your business from that of your competitors (as a winner/finalist); Being exposed to valuable business and networking opportunities;...

Cullens Patent and Trade Mark Attorneys
Cullens Patent and Trade Mark Attorneys
Blog Post
  • Earlier this year I wrote that the European Unitary Patent (UP) and Unified Patent Court (UPC) were likely to start in the second half of 2017. Only ratification by Germany and the UK was needed. Last month an announcement appeared on the UPC website stating that "the previously announced target date for the entry into operation of the UPC, envisaged Continue Reading The post Should I obtain a new...

Cullens Patent and Trade Mark Attorneys
Cullens Patent and Trade Mark Attorneys
Blog Post
  • IP Australia commenced a pilot program of a Patent Prosecution Highway (PPH) with the United States Patent and Trademark Office (USPTO) in April 2008. In January 2014, this was effectively replaced by a Global Patent Prosecution Highway (GPPH) pilot that involved the Patent Offices of the following thirteen countries/regions: Australia, Canada, Denmark, Finland, Japan, Korea, Nordic (Denmark, Icel...

Cullens Patent and Trade Mark Attorneys
Cullens Patent and Trade Mark Attorneys
Blog Post
  • In Australia, as with other major jurisdictions, it is important to ensure that the correct inventor(s) are named on a patent application, as including a person who is not an inventor or omitting a person who should be named, can affect the validity of the patent itself. In the absence of an assignment of patent rights to a company (such Continue Reading The post Who is an inventor for the purpose...

Cullens Patent and Trade Mark Attorneys
Cullens Patent and Trade Mark Attorneys
Blog Post
  • Part 4 – Costs, is the whole thing worthwhile and can an opposition be settled? In my previous articles, I explained the reasons for trade mark oppositions, the process for filing evidence and submissions, the hearing, decision and appeal stages, and the practical outcomes. In this article, I look at how much an opposition will cost, whether trade mark oppositions Continue Reading The post A simpl...

Cullens Patent and Trade Mark Attorneys
Cullens Patent and Trade Mark Attorneys
Blog Post
  • Tennis players, both ex-players and current players, have been in the news recently, what with Margaret Court's well-publicised comments and the heated backlash to those comments. Another Australian tennis player has also been causing some ructions in recent times, although for very different reasons. Thanasi Kokkinakis is a young Australian tennis player currently finding his way on the world ten...

Cullens Patent and Trade Mark Attorneys
Cullens Patent and Trade Mark Attorneys
Blog Post
  • Part 3 - The decision, appeals and the practical outcome In my previous articles, I explained why someone might want to oppose a trade mark, and how the opposition process is commenced. I also discussed the filing of evidence, submissions and the hearing of a trade mark opposition by a delegate of the Registrar of Trade Marks. In this article, Continue Reading The post A simple guide to trade mark...

Cullens Patent and Trade Mark Attorneys
Cullens Patent and Trade Mark Attorneys
Blog Post
  • We are often asked if a provisional application filed in respect of an invention, can be “re-filed”. Whilst this is possible, there are, as always, advantages and disadvantages to doing so.  Further, in some cases, whilst it may be possible to re-file the application, doing so will result in a loss of any rights in the invention Firstly, it is Continue Reading The post Issues Surrounding “Refiling...

Cullens Patent and Trade Mark Attorneys
Cullens Patent and Trade Mark Attorneys
Blog Post
  • Last month I wrote about obtaining intellectual property (IP) protection for food or recipes. Another area of interest to some is IP protection for board games. Board games such as Monopoly and Snakes and Ladders have been around since I was a kid and are still played today at dinner parties and other social gatherings. They have survived despite the Continue Reading The post Can I obtain IP prote...

Cullens Patent and Trade Mark Attorneys
Cullens Patent and Trade Mark Attorneys
Blog Post
  • Part 2 – Evidence and submissions in a trade mark opposition In my previous article, I explained why someone might want to oppose a trade mark, and how the opposition process is commenced. In this article, I look at the evidence and submission phase of the opposition. This is where most of the ‘heavy lifting’ is done, and where the Continue Reading The post A simple guide to trade mark oppositions...

Cullens Patent and Trade Mark Attorneys
Cullens Patent and Trade Mark Attorneys
Blog Post
  • As a part of the 2017 Queensland Small Business Week, Cullens is pleased to invite you to the following free intellectual property (IP) seminars to provide you with information and tools to help you take your business to the next level. Seminar 1: Role of IP in your business & Getting your business structure right Presented by Gint Silins, Principal Continue Reading The post Join Cullens for Free ...

Cullens Patent and Trade Mark Attorneys
Cullens Patent and Trade Mark Attorneys
Blog Post
  • If you are in the restaurant business you may wonder if you can secure intellectual property (IP) protection for the delicious recipes, foods, and drinks that attract customers to your establishment. Food and drink Patents are used to protect products and processes. To obtain a patent it is necessary to meet stringent requirements including that the product or process is Continue Reading The post ...

Cullens Patent and Trade Mark Attorneys
Cullens Patent and Trade Mark Attorneys
Blog Post
  • 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
Cullens Patent and Trade Mark Attorneys
Blog Post
  • 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
Cullens Patent and Trade Mark Attorneys
Blog Post
  • The New Zealand Patent Office (IPONZ) and the Ministry of Business Innovation and Employment (MBIE) recently completed a round of consultation on proposed changes to section 258 of the New Zealand 2013 Patents Act (“2013 Act”) relating to the filing of divisional applications from a current patent filed under the previous New Zealand 1953 Patents Act (“1953 Act”). A copy Continue Reading The post ...

Cullens Patent and Trade Mark Attorneys
Cullens Patent and Trade Mark Attorneys
Blog Post

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
Cullens Patent and Trade Mark Attorneys
Blog Post
  • 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
Cullens Patent and Trade Mark Attorneys
Blog Post
  • 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
Cullens Patent and Trade Mark Attorneys
Blog Post
  • 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
Cullens Patent and Trade Mark Attorneys
Blog Post
  • 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...

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