IP Australia’s recent upgrades are set to streamline the protection of your registered intellectual property rights
If you’re an IP (intellectual property) owner or interested in protecting your IP, you'll know that staying up to date with IP Australia’s service upgrades is hugely beneficial in protecting your business assets. IP Australia’s recent online service upgrade means business owners and lawyers can look forward to fast and efficient online lodging and filing, an improved national patent filing system, and more information regarding third-party fraud detection. Here’s how.
Streamlining Trade Mark Oppositions
IP Australia has released upgrades to its online services to streamline the trade mark opposition process. The changes will make it easier for IP owners to file a notice of opposition that temporarily halts the progress of a trade mark application that is the same or similar to their registered trade mark. The result is a significant reduction in the time and expense of lodging and defending trade mark oppositions making it easier for trade mark owners to protect their IP rights.
This upgrade includes:
Statement of Grounds and Particulars (SGPs)
The Statement of Grounds and Particulars (SGP) is a key component of filing a trade mark opposition action. As outlined by IP Australia, the function of the SGP is to give the applicant fair notice of the case to be met and to define the issues of the opposition. SGPs set out the basis of the trade mark opposition and can be lodged directly online with a structured form that assists in the selection of the relevant grounds of opposition.
Notice of Intent to Defend (NID)
It is now much easier and faster to file a notice of intent to defend a trade mark opposition. Once an Opponent files a notice of opposition (consisting of a notice of intention to oppose and an adequate SGP), trade mark Applicants or IRDA holders must file a Notice of Intent to Defend (NID) if they wish to contest the opposition to maintain their rights. NID forms can now be lodged directly online.
What does this mean for you?
The process of lodging and defending a trade mark opposition is now faster and more efficient. For IP Australia’s complete guide on trade mark oppositions click here.
2. Improvements to Australia’s national phase patent filing system
IP Australia has released upgrades to its patent online services to improve the user experience throughout the national phase patent process. The upgrade integrates IP Australia’s patent filing system with the World Intellectual Property Organization’s (WIPO) online portal for filing and managing Patent Cooperation Treaty (PCT) applications.
This upgrade includes:
Up-to-date information and relevant documents of the PCT application will now be downloaded at the time of entering the Australian national phase of the application process.
Patent bibliographic information such as the Applicant’s name and address, inventor details, and titles will be automatically recorded by IP Australia in the same format as the WIPO records.
What does this mean for you?
• Faster notifications when filing applications.
• Enhanced online services, improving your experience when entering the Australian national phase
To learn more about the PCT and the national phase, click here.
3. Unsolicited Invoices
Unfortunately, there are third-party agencies continuing to exploit IP owners by sending fraudulent invoices. However, IP Australia and the Australian government are taking active measures to prevent fraud. There are a few things you can do to avoid being scammed into paying unnecessary fees or compromising the renewal status of your IP.
Things to look out for:
One tactic that third-party agencies employ includes sending out unsolicited renewal invoices. These emails may even urge you to complete a form and pay an invoice to avoid legal action. Be aware that these emails often look official and appear to come from legitimate legal firms.
IP Australia recommends checking the following:
• Is the invoice from IP Australia? (check for the Australian Government crest).
• Is the invoice from a credible organisation, such as your attorney?
• What is the renewal date? (IP Australia will send out trade mark renewal notices to the IP owner or its representative 2 months before the due date).
If you are concerned about an invoice you have been sent, you can contact IP Australia. They have a list of unauthorised companies to look out for and examples of deceptive invoices to help you identify fraud. For more information, go to IP Australia Reporting Fraud.
If you’re seeking further legal expertise or you’re ready to protect your business assets, don’t hesitate to get in touch with our team today.