Knowledge

Design Protection

Protecting a New Invention or Product

Max Steinhausen

Protecting a new invention or product typically involves a combination of legal mechanisms and practical steps. Here's a general roadmap of the most important steps:

1. Document Everything

  • Before discussing your invention with anyone, keep detailed records of your invention's development process. This includes sketches, notes, correspondence, prototypes, and any other relevant information.
  • Use dated and witnessed notebooks or logs. This can serve as evidence of the conception and evolution of your idea.

2. Research

  • Ensure your invention is truly novel. Conduct a search to see if there are existing patents, trademarks, designs, or published IP applications that are similar to your invention.

3. Apply for Intellectual Property Protection

  • Patent: If your invention is novel, non-obvious, and useful, consider applying for a patent. This provides you the exclusive right to make, use, and sell your invention for a set period (typically 20 years from the filing date).
  • Trademark: If you've created a unique name or logo for your product, consider registering it as a trademark. This prevents others from using a name or logo that's confusingly similar to yours in the same industry.
  • Copyright: If there are original written, artistic, or software components to your product, they might be eligible for copyright protection.
  • Trade Secrets: If your invention includes confidential information that gives you a competitive advantage (e.g., a secret formula), you might consider protecting it as a trade secret. This requires keeping the information secret through measures like non-disclosure agreements (NDAs).

4. Non-Disclosure Agreements (NDAs)

  • Before discussing your invention with potential partners, investors, or employees, have them sign an NDA. This is a legal contract where they agree not to disclose or use your idea without your permission.

5. Prototype

  • Create a working model or prototype of your invention. This can be useful for demonstrations, and some countries require a working model as part of the patent or design application process.

6. Seek Professional Advice

  • Consider seeking advice from an IP Lawyer or agent to help you navigate the IP application process. They can guide you in preparing and filing IP applications, conduct a thorough clearance search, and handle correspondence with IP offices, for example, IP Australia or the USPTO.

7. Consider International Protection

  • If you believe your invention has potential in international markets, remember that IP rights are territorial. You will need to file for IP protection (patent, design, trademark) in each country where you want protection. Consider international treaties like the Patent Cooperation Treaty (PCT) or the Madrid Protocol to simplify the process.

8. Avoid Public Disclosure

  • Disclosing your invention to the public before filing for a patent or design right can make it difficult or impossible to obtain protection later. Be cautious about public presentations, publications, or selling the invention before you've secured IP protection.

9. Continually Monitor and Enforce

  • Regularly check the market for potential IP infringements. If someone is using your invention without permission, you may need to take legal action to stop them.

10. Commercialize

  • Consider licensing your invention to others or starting a business to manufacture and sell your product. A protected invention can be a valuable asset when negotiating business deals.

Conclusion

It's essential to conduct research or seek guidance specific to your jurisdiction since intellectual property laws and systems can vary significantly from one country to another. So remember to seek professional advice if you are unsure about which IP right may be right for you and before disclosing your invention to your customers or the general public.

Partners & IP Offices

We work with partners and IP Offices around the globe.  

I've been working with Max and the team for a number of years now. They have helped me with multiple trade marks, objections/challenges and advice around the technicalities of the law. I would highly recommend talking to them if you're looking for great customer service, advice and results!

Mathew Stillone
Founder/Managing Director, Integrity Food Co.

Thank you to Max and the whole team! Your work is always of a high standard, professional and timely. I highly recommend Max and the team to any organisation needing IP support!

Anthea Thomas
Director, Hypnobirthing Australia

Excellent service, great result. We initially had issues with our trademark and called them to lodge a declaration to support the mark. Our mark was finally accepted and we believe this was only due to the thorough and detailed documents that were submitted to the trademark office. Great work!

Jason Morrisby
Founder/ Director, Mask Co.

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