Franke Hyland - patent & trade mark attorneys

These links are provided to assist with the supply of information and assistance from other parties. While we consider that the linked websites may be of use to you, we do not control them in any way. If any of the links do not work, please let us know.

 

Basic Intellectual Property Information

What is a patent?
http://www.ipaustralia.gov.au/get-the-right-ip/patents/about-patents/

What is a trade mark?
http://www.ipaustralia.gov.au/trademarks/what_index.shtml

What is a registered design?
http://www.ipaustralia.gov.au/designs/what_index.shtml

Basic copyright information
http://www.copyright.org.au/find-an-answer/

The importance of IP for your business
http://www.ipaustralia.gov.au/strategies/importance.shtml

Guides and information about IP for SMEs
http://www.wipo.int/sme/en/ip_business/

International protection
http://www.wipo.int/sme/en/ip_business/ip_protection
/international_protection.htm

 

Intellectual Property Offices

Australia
http://www.ipaustralia.gov.au/

New Zealand
http://www.iponz.govt.nz/cms

USA
http://www.uspto.gov/

European Patent Office
http://www.epo.org/

WIPO (World Intellectual Property Organisation) - includes PCT information, Madrid Protocol (Trade marks), Hague Agreement (Designs)
http://www.wipo.int/wipogold/en/

 

Trade Mark Searches

In order to conduct a search, it is important to use the classification system. Almost all trade mark offices now use the international classification, which can be accessed at: http://www.wipo.int/classifications/nivilo/nice/
index.htm?lang=EN

It is also important to look for the most distinctive components, for example, if the trade mark is ‘Wholesome Milk’ for dairy products, concentrate on the word ‘Wholesome’ for dairy products.

We encourage clients to conduct their own initial searches, but emphasise that while this may locate some issues, it is no substitute for a professional search and corresponding advice. It is helpful as a screening exercise, or to investigate competitor activities. 

Australia
http://pericles.ipaustralia.gov.au/atmoss/
falcon.application_start

New Zealand
http://www.iponz.govt.nz/cms/trade-marks/
trade-marks-homepage/banner_template/IPTM

USA
http://tess2.uspto.gov/bin/gate.exe?f=tess
&state=4002:2tsqpn.1.1

OHIM (European Union)
http://oami.europa.eu/ows/rw/pages/QPLUS/
databases/searchEU.en.do

 

Patent Searches

Patent searches can be done in various ways. Professional searches typically use databases for which access is charged on usage, and which require structured searches, which in turn require a detailed understanding of patent classifications systems, the scope of various databases, and peculiarities of different databases. They are not usually useful without appropriate training.

Key word searches for subject matter are available in most databases, as are searches based upon inventor and company (sometimes called assignee) names. 

The patent classification system mostly widely used is the International Classification System (IC), see:
http://www.wipo.int/classifications/ipc/en/

However, a number of countries use their own system as well or instead of the IC, for example the USA.

International (Espace)
http://worldwide.espacenet.com/

US (USPTO)
http://www.uspto.gov/patents/process/search/index.jsp

Google Patents
http://www.google.com/patents

Australia
http://www.ipaustralia.gov.au/auspat/index.htm

New Zealand
h ttp://www.iponz.govt.nz/cms/homepage/
banner_template/IPPATENT

WIPO
http://www.wipo.int/patentscope/en/