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 Sandercock & Cowie  

What sort of practice?

1.
Our work reflects the variety of the local manufacturing scene. Disputes over intellectual property are common. Liaison with university research staff has been necessary for our microorganism deposits.

2. Initial, brief, no-obligation interviews at Dandenong are free. See the map showing our location. Discuss your game plan with us.

3. We have a successful working relationship with solicitors who conduct litigation for our clients in the Federal Court.

4. Our network of associates in those countries which constitute Australia's trading partners, is long standing. We supply estimates for the costs of overseas work in the IP field.


What can you do to prepare?

Do not release your idea to others before discussing your position with an attorney.

Consider the size of your market. Consider who your customers will be.

Visit www.uspto.gov
.This site offers a search facility where you can input words and receive a list of titles of granted patents which may be relevant.


Questions concerning market entrants:

1.
If I launch my idea will I land on somebody else's existing rights?

2. If not, can I establish rights myself?

If you are not likely to supply the market with your product or service in a big way to begin with, your liability will probably be correspondingly small and the expense of an infringement search to answer question 1 may not be justified.  Most people who have ideas wish to know if their idea is original. Searches frequently show that ideas brought to us are not original but qualify as improvements.


Patent applications

Patent applications proceed in two stages, one now and the next 12 months later. You have that year in which to solve any problems faced.  The first stage is "Patent Pending". After the second stage IP Australia in Canberra places you in the queue for examination. You receive a report listing earlier patents which the Examiner considers overlap your idea. We reply to the Examiner and eventually your patent is granted.

Trademarks

Trademarks are a vital part of commerce. The goodwill you generate as you trade has to flow somewhere. In the service business it flows into the owner and staff; in a goods business into the manufacturer. Bland, colourless trademarks don't help a business but distinctive trademarks do.  Which of the following would you choose? Tottenham Electrical Spares or Mr Resistor™.  Protecting trademarks is a popular activity. 1,000 a week are accepted in Canberra. Care in the selection of business names and trademarks is a business basic and pays over and over again.

If someone is using your trademark without your permission, consult an attorney at once. Registering a trademark is relatively cheap compared to neutralising unauthorised use by a competitor.

Registered designs

Intellectual Property (IP) Law recognises that some products sell by appeal to the eye. A series of illustrations can be lodged showing the external appearance of your product.

Copyright

Copyright has no registration system and consequently no cost. Persons and businesses must be able to prove ownership of copyright and complications can arise when employees or independent designers or joint authors come into the picture.

Confidentiality

Your disclosures to us are treated as confidential. Companies in Australia and overseas have trusted us with their commercial information for years.

     

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