A confidentiality agreement is not necessary for discussions about confidential matters with an attorney (including patent attorneys and...

The only way to properly claim ownership of an idea is with an enforceable patent.  Self-filed patent applications are almost never...

The “first-to-file” countries grant rights to the person who first files a trade mark application over a third party who made prior use...

You can use the "preliminary discovery" process to obtain documents prior to the commencement of court proceedings to assess the merits...

It is possible to legally copy an idea behind another advertisement, but you cannot substantially reproduce the other advertisement. In...

The short answer to this question is 'no'. The Examiners Manual states: "Games per se are not patentable being merely mental processes,...

The short answer is 'no'. US Examiners routinely reject applications for software inventions on the basis they are allegedly "mere...

Patent Examiners often object to patent applications on the basis that the invention is obvious. Everything seems obvious in hindsight....

Australia introduced a grace period for filing design applications on 10 March 2022. This will mean that your design will still be...

The short answer is "no". You should not make your product so close to your competitor's product to deliberately misappropriate the...

You can, but beware. The Trade Marks Office will object to your application if your surname occurs on the Electoral Roll more than 750...

In the case of State of Victoria v Pacific Technologies (Australia) Pty Ltd (ACN 065 199 439) (No 2) [2009] FCA 737, Emmet J stated that...

You can protect your idea in China with a patent application. There are three types of patents in China: (1) invention, (2) utility and...

You can protect your design by officially registering it. An application, accompanied by a Statement of Novelty and representations of...

Employees The employer owns the intellectual property created by an employee if it is related to the employer’s business, unless the...

The New Zealand Patents Act specifically excludes software from being patentable subject matter. However, new software for controlling...

Yes they can. In the case of Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41 the majority of the High Court of Australia ruled...

No. You cannot even make substantial reproductions of clothing designs. That would constitute copyright infringement. In the case of...

No, you can't. Copyright subsists in house design. Copying the house design constitutes copyright infringement. In Coles v Dormer...

Yes, you can. In the case of APRA v Dion [2016] FCCA 2330, the Federal Circuit Court awarded $34,822 for copyright infringement (and the...

There are two forms of compensation that a court can award: (1) the infringer's net profits (known as "an account of profits") and (2)...

Amazon Brand Registry helps brand owners to protect their registered trade marks on Amazon from counterfeit products and trade mark...

No. Abstract ideas such as rules for playing a game are not patentable subject matter. However, you can register your board design. The...

The case of Flexopack S.A. Plastics Industry v Flexopack Australia Pty Ltd [2016] FCA 235 is relevant to this issue. The Applicant,...