Patents & Designs

You innovate.  We deliver.

The patent world is rapidly evolving.  We stay on the cutting edge of that change to protect your most valuable assets.

PATENTS

No matter your industry, our team of multidisciplinary patent attorneys will bring their expertise to protecting your business.  Understanding what to patent, where to patent and whether to keep, sell or license your work is imperative.  At Watermark, we have a wealth of experience in all areas from prosecution to transactions to due diligence and freedom to operate.

 

WHAT IS A PATENT?

A patent provides a monopoly right for a limited period to prevent others from using, selling, making or otherwise exploiting an invention.

The monopoly right is granted in exchange for disclosure to the public and industry of the technological developments described within the patent.

Find out more about the patenting process in Australia.

WHY GET A PATENT?

You worked hard to create your invention.  So naturally, you want to protect it.  Without a patent you are powerless to prevent others from using your work for their own commercial interests.  Not only that, but patenting transforms an idea into a commercially viable asset that increases the worth of your business.

A patent is crucial for restricting your competitors’ ability to operate in your market place.  It can generate revenue and it gives your product range credibility.

Find out today how Watermark can help you get a patent.

WHAT IF I NEED A PATENT OVERSEAS?

Our expert team can give you advice and assistance on all intellectual property matters in Australia, New Zealand and the Pacific.  We also have a network of experienced international associates, so we can connect you with well-informed IP protection, advice and local insight across markets worldwide.

Our network of overseas associates – detailing their expertise and technical specifications – is always up to date.  We also make sure our clients get the most appropriate and cost-effective advice no matter where in the world you want your business to go and grow.

WHERE DO I START?

The best patenting strategy starts with your Watermark patent attorney.  We can draft a patent specification that meets your needs – no matter how short or long the shelf life of your idea is.

While patenting can be a costly exercise, it saves you money, time and frustration in the future.

Get in touch today to protect your valuable assets.

WHAT IS THE DIFFERENCE BETWEEN A PATENT AND REGISTERED DESIGN?

Design registration safeguards the shape, configuration, pattern or ornamentation of an object.  We often advise you to seek both patent and design registration in order to protect your sole rights to market a product.

Think of a kitchen mixer.  You can use design registration to protect its appearance and a patent to protect its functionality.  Both aspects contribute to the commercial success of a product and both must be registered in order to prevent others from copying them.

Design registration is key to numerous areas of industry, including fashion, fabric design, furniture, homewares, packaging and machinery design.  Our team is highly experienced in design registration and can help you defend your unique look across the world.

Find out more about design registration.

HOW DO I MANAGE MY PORTFOLIO?

You want to make the most out of your intellectual property.  At Watermark, we can devise a strategic plan to manage and extract value from your portfolio.  We can efficiently secure rights to, and maximise the value of, any of your intellectual property.

Businesses across the world consult Watermark to successfully grow the revenue of their existing portfolios by identifying patent assets suitable for licensing or sale.  Talk to us about reducing your costs by assessing patents and patent applications that do not add substantial value to your business.

Get in touch today for help managing your portfolio.

WHAT ARE FREEDOM TO OPERATE AND PRODUCT CLEARANCES?

Freedom to Operate (FTO) determines whether a particular action, such as testing or commercialising a product, can be done without infringing the valid intellectual property rights of others.  These IP rights are specific to different countries or regions in which you want to operate.

Our Attorneys can assess the IP rights of other parties in relevant countries across the world to deliver a strategic FTO opinion for your business.

DESIGNS

Design registration protects the shape, configuration, pattern or ornamentation of an object.  Think of a teacup.  You could protect both its unique shape and the pattern printed on its surface.

EYE ON DESIGN

The difference between a registered design and a patent is that the registered design protects the look of an object whereas a patent protects the way it works.

It is sometimes advisable to use both patent and design registration in order to protect your sole rights to market a product.  Think of a kitchen mixer.  You can use design registration to protect its shape and design and a patent to protect its functionality.  Both aspects contribute to the commercial success of a product and both must be registered in order to prevent others from copying them.

Design registration has a place across most areas of industry, such as fashion, fabric design, furniture, homewares, packaging design, machinery design, and the list goes on… Basically, if it has a unique visual appearance and you wish to protect that appearance for commercial reasons, you should consider a registered design.

Watermark has a dedicated team to help you through the designs process. We are experienced in design registration in Australia and New Zealand and can help you to achieve protection anywhere in the world with the assistance of our international network of associates.

For more information on the registration of designs in Australia, please click here.

 

PLANT BREEDER’S RIGHTS

Plant Breeder’s Rights (PBR) are used to protect new varieties of plants that are distinct, uniform and stable.  Watermark can guide you through the complex process of registering your plant.

A PBR IS LEGALLY ENFORCEABLE AND GIVES YOU, THE OWNER, EXCLUSIVE RIGHTS TO COMMERCIALLY USE IT, SELL IT, AND DIRECT THE PRODUCTION, SALE AND DISTRIBUTION.

Protection under the Plant Breeder’s Rights Act 1994 (PBR Act) requires the provision of full details of the new variety to be protected and the results of growing tests against the closest existing variety in Australia.  These tests can be carried out in Australia or overseas provided it can be demonstrated that overseas tests meet Australian standards.

The protection given under PBR is in respect of the specific cultivar described and includes fruit and propagating material.  PBR in a plant variety includes all fungi and algae.  Watermark can provide fully detailed information and the appropriate forms for filing a PBR application.

Find out more about the filing requirements for Plant Breeder’s Rights.

Get in Touch

Sarah Cox

Patent & Trade Marks Attorney

Victoria

Paul Fong

Principal, Patent & Trade Marks Attorney

Western Australia

Roger Green

Principal, Patent & Trade Marks Attorney

Victoria

Leanne Oitmaa

Special Counsel, Patent & Trade Marks Attorney & Lawyer

Western Australia

Mark Pullen

Principal, Patent & Trade Marks Attorney

Western Australia

Ray Tettman

Principal, Patent & Trade Marks Attorney

Victoria

James Wan

Senior Associate, Patent & Trade Marks Attorney & Lawyer

New South Wales

Alice L Wong

Senior Associate, Lawyer & Patent Attorney

Victoria