Are you just starting your IP journey? We've pulled together the basics for you.
Anytime you create something new and original, you are creating IP. IP is a creation of your mind – an intellectual creation. This could be a mechanical invention, a chair design, a medical device, a new style of shoe, software or a data set, books, screenplays and artistic works.
It's what sets your business apart from others – it’s your unique selling point.
IP rights legally protect your idea and give you the exclusive rights to profit from them, supporting your competitive advantage. Understanding the various registered IP rights is crucial for creating an effective IP strategy – are they right for you?
Trade marks
At a glance
- Protects your brand, products or services.
- Takes 7 months (minimum) to register.
- Lasts up to 10 years before renewal.
Examples of trade marks
Logo
Nike swoosh
Logo
Penfolds
Shape
Coca-Cola bottle
Consider a trade mark to protect your brand identity.
This protects your business elements, such as:
- logos
- phrases
- colours
- and more, distinguishing your brand and building customer trust and recognition.
A trade mark grants you exclusive rights to use a particular name, logo, or slogan in connection with your products or services in Australia and can be renewed indefinitely.
TM Checker
You can use our TM Checker toolto perform a quick, free check of your trade mark's potential to be registered in Australia.
Learn how founder of Soap de Villa, Rebecca Di Noia, acquired an exclusive trade mark to market her goats milk soap brand.
Patents
At a glance
- Protects new inventions such as devices, substances, methods and processes.
- Takes between 6 months (minimum) and several years to register.
- Lasts up to 20 years (standard) to 25 years (pharmaceutical) provided renewal fees are paid.
Examples of patents
Technology
Google Maps
Substance
Polymer (plastic)
bank note
Device
Cochlear implant
To protect your unique inventions or how something works, you could consider a patent.
This could be a device, substance, method or process, but it must be new, useful and inventive. But remember to keep your ideas confidential until you apply for your patent. Revealing your ideas before registration could jeopardise your ability to secure a patent. If you need to disclose your idea, consider using a confidentiality agreement.
A patent gives you exclusive rights for 20 years (or up to 25 years for pharmaceutical) to manufacture, sell, or utilise your innovation in Australia.
Hear more from EMVision who were granted an exclusive patent for their innovative portable brain scanners.
Design rights
At a glance
- Protects your product’s overall visual appearance.
- Takes approximately 2 months for registration and then 4 months for certification.
- Maximum protection period is 10 years (with the option to renew at 5 years).
Examples of design rights
Dress
Zimmerman
Handbag
State of Escape Accessories
Chair
Jardan Australia
To protect your unique designs, consider a design right.
This protects the overall visual appearance of a product, preventing others from using, selling or importing the design without your permission. If you plan on manufacturing and commercialising your designs, you should consider applying for a design right early.
Keep your design undisclosed prior to application, revealing your design through social media before registration could jeopardise your ability to secure a legally enforceable design right.
Read about how co-founders of Huskee, Saxon and Adrian, received exclusive design rights for their unique reusable coffee cup product.
Plant breeders rights
At a glance
- Protects new varieties of plants, fungi and algae.
- Typically 2.5 years to register, dependent on plant type.
- Lasts up to 20 or 25 years, dependent on plant type (requires annual renewal).
Examples of plant varieties protected by PBR
Barley
Spartacus CL
Strawberry
MYAG-2AD
Flower
LegacyFlame
A plant breeder's right (PBR) protects your new plant varieties, granting exclusive rights to produce, sell, or use your unique plant in Australia.
To be granted a PBR, your plant must be a product of a selective breeding process, new or recently exploited and distinct, uniform and stable.
It could be a new variation of flower, vegetable, fruit, bush or shrub. Applying for a PBR not only protects your horticultural innovation from unauthorised propagation, but also strengthens your competitive position in the nursery industry.
Victorian farmer and Managing Director of Berry Sensation®, Barry Richards, gained exclusive plant breeder’s rights for their ‘Blush’ and ‘Desire’ strawberry varieties.
IP strategy
Protecting your IP is important to safeguard your unique selling point or competitive advantage, and protect the future of your business. You may find that using a combination of these protections is the most effective strategy.
For instance, a coffee shop might use:
- A trade mark for brand recognition, ensuring that consumers can easily identify their specific brand of coffee through its logo.
- A patent to protect the way a coffee machine operates.
- A design right to protect the visual appearance of a coffee pod or coffee cup.
- A PBR for new plant varieties, such as the specific type of coffee plant used.
Remember, each IP right serves a specific purpose, and a well-thought-out IP strategy can be a valuable asset for your business.
More information
If you are still unsure about what IP right might be right for you, try our choosing the right IP tool. This tool can help you identify what type of IP protection you may need in two easy steps.
For more detailed information, we have a range of resources available on our website, including our IP basics factsheets. These factsheets provide an overview of individual IP rights, including examples of how other Australian businesses have managed their IP assets.