Cullens Patent and Trade Mark Attorneys
Cullens Patent and Trade Mark Attorneys
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  • 2017 Premier of Queensland’s Export Awards
    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
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New blog articles detected.

  • Should I obtain a new European Unitary Patent?
    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
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  • The Intellectual Property Office of New Zealand joins the Global Patent Prosecution Highway
    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
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  • Who is an inventor for the purposes of a patent application?
    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
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  • A simple guide to trade mark oppositions in Australia – Part 4
    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
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New blog articles detected.

  • First round straight sets victory for Kokkinakis
    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
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  • A simple guide to trade mark oppositions in Australia – Part 3
    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
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  • Issues Surrounding “Refiling” a Provisional application
    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
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  • Can I obtain IP protection for board games?
    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
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New blog articles detected.

  • A simple guide to trade mark oppositions in Australia – Part 2
    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
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New blog articles detected.

  • Join Cullens for Free Seminars for 2017 Queensland Small Business Week
    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
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  • Can I obtain IP protection for food or recipes?
    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
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New blog articles detected.

  • 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
Cullens Patent and Trade Mark Attorneys
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New blog articles detected.

  • 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
Cullens Patent and Trade Mark Attorneys
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New blog articles detected.

Cullens Patent and Trade Mark Attorneys
Cullens Patent and Trade Mark Attorneys
Blog Article

New blog articles detected.

  • 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
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New blog articles detected.

  • 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
Cullens Patent and Trade Mark Attorneys
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New blog articles detected.

  • 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
Cullens Patent and Trade Mark Attorneys
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New blog articles detected.

  • 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
Cullens Patent and Trade Mark Attorneys
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New blog articles detected.

  • 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
Cullens Patent and Trade Mark Attorneys
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New blog articles detected.

  • 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
Cullens Patent and Trade Mark Attorneys
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New blog articles detected.

  • 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
Cullens Patent and Trade Mark Attorneys
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New blog articles detected.

  • 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
Cullens Patent and Trade Mark Attorneys
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New blog articles detected.

  • 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
Cullens Patent and Trade Mark Attorneys
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New blog articles detected.

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