Common Jargon Used by IP Professionals Part II · This is often the document that is prepared that...

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The Inventors Association of Australia (Vic) 191 Wattle Valley Rd. Camberwell Phone 0418538604 Email: [email protected] Editor PETER BARRETT IAA Vic Secretary Patent Tutorial T his is the final instalment from Stephen Anderson on getting inventors ready to understand the jargon they will confront when they apply for a patent be it with IP Australia or their favourite patent attorney. Provisional Specification This is often the document that is prepared that is filed to disclose the invention, and establish a priority date. In order for it to do this, it must “describe the invention”. You can file multiple provisional specifications in Australia during the priority period. Provisionals are issued to describe the basic unpolished version of your invention. You have the 12 month priority period available to you to polish your invention and get it mar- ket ready. This phase is relatively cheap. The Patent Office will keep the contents of any provisional that is filed confidential unless/until you as- sociate it with a complete applica- tion. www.inventorvic.com.au ATCS is a major sponsor of IAA(Vic) providing expert help and guidance for government R&D rebates. Phone them now to find out how you can get your rebate which could be worth $10,000 per year for an inventor. 1300 76 00 51 Page Content 1. Sponsors, Patent Attorney, 2. Sponsors,Main Meeting, 3. Why ATCS? 4. Winner Inventor of the year competition 2014 Ray Robotham. Candiddate inventor of the year, Dr Ron Roberts—”Perfect Pour.” New Fee Schedule Common Jargon Used by IP Professionals Part II Wed. Feb. 4th 2015 45 Miller Cres. Mount Waverley Victoria Thanks to this month’s Patent Attorney Ben Mott BEng BCom PIP Law MIPTA Wadeson IP, 27/101 Collins Street, Melbourne [email protected] Www.wadesonIP.com.au PATENTS|DESIGNS|TRADE MARKS The patent and IP protection tutorial is conducted by a professional patent attorney from 6.30pm to 7.20pm

Transcript of Common Jargon Used by IP Professionals Part II · This is often the document that is prepared that...

Page 1: Common Jargon Used by IP Professionals Part II · This is often the document that is prepared that is filed to disclose the invention, and establish a priority date. In order for

The Inventors Association of Australia (Vic) 191 Wattle Valley Rd. Camberwell

Phone 0418538604 Email: [email protected]

Editor

PETER BARRETT

IAA Vic Secretary

Patent Tutorial

T his is the final instalment from Stephen Anderson on getting inventors ready to understand the jargon they

will confront when they apply for a patent be it with IP Australia or their favourite patent attorney.

Provisional Specification

This is often the document that is prepared that is filed to disclose the invention, and establish a priority date. In order for it to do this, it must “describe the invention”. You can file

multiple provisional specifications in Australia during the priority period. Provisionals are issued to describe the basic unpolished version of your invention. You have the 12 month priority period available to you to polish your invention and get it mar-ket ready. This phase is relatively cheap. The Patent Office will keep the contents of any provisional that is filed confidential unless/until you as-sociate it with a complete applica-tion.

www.inventorvic.com.au

ATCS is a major sponsor of IAA(Vic) providing expert help and guidance for government R&D rebates. Phone them

now to find out how you can get your rebate which could be worth $10,000 per year for an inventor.

1300 76 00 51

Page Content 1. Sponsors, Patent Attorney, 2. Sponsors,Main Meeting, 3. Why ATCS? 4. Winner Inventor of the year

competition 2014 Ray Robotham. Candiddate inventor of the year, Dr Ron Roberts—”Perfect Pour.”

New Fee Schedule

Common Jargon Used by IP Professionals Part II

Wed. Feb. 4th 2015

45 Miller Cres.

Mount Waverley

Victoria

Thanks to this month’s Patent Attorney

Ben Mott BEng BCom PIP Law MIPTA

Wadeson IP, 27/101 Collins Street, Melbourne

[email protected]

Www.wadesonIP.com.au

PATENTS|DESIGNS|TRADE MARKS

The patent and IP protection tutorial is conducted by a professional patent attorney from 6.30pm to 7.20pm

Page 2: Common Jargon Used by IP Professionals Part II · This is often the document that is prepared that is filed to disclose the invention, and establish a priority date. In order for

Our sponsors offer discounted services for financial members of IAA(Vic). Many inventors have been very satisfied with their

Complete Specification

This is used at the complete application stage that falls due at the end of the priority period. A complete specification must:

Describe the invention fully

End in at least one patent claim

Be for one invention only

And the invention must be a “manner of manufacture”

Standard Patent Application

We have two distinct types of patent in Australia. A standard patent is the traditional type. In order for a standard patent application to be valid, the invention defined in the claims must be “novel” and involve an “inventive step” and be useful. There is no restriction on the number of claims that the complete specifica-tion can have, and any standard patent that is granted can have a maximum term of 20 years timed from the date of filing the complete application in most typical circumstances.

Innovation Patent This is the second type of patent in Australia. It is unique to our country. In order for an innovation pat-ent to be valid, the invention defined in the claims must be “novel” and involve an “innovative step” in-stead of an “inventive step”. The Patents Act 1990 restricts the total number of claims allowable in an innovation patent specification to a maximum of five. Any innovation patent that is granted can have a maximum term of just eight years. You can read more about the two types of patents in Australia at IP Aus-tralia: http://www.ipaustralia.gov.au/get-the-right-ip/patents/types-of-patents/standard-vs-innovation-patent/

Patent Claim These are the legal clauses that define the invention in precise words, and also define the monopoly being

sought by the applicant. Each patent claim is a sepa-rate clause. Typically claims are structured so that the first claim has the broadest scope of monopoly, with each subsequent claim narrowing the scope. Remem-ber that any aspect of your invention that is not ex-pressly claimed may be free for anyone to use. There is plenty more jargon than this list, however this is enough to get you started. If the membership would like it, I am more than happy to add to the list in a subsequent newsletter. All members of the Victorian Inventor’s Association are welcome to arrange a no obligation free consulta-tion with me to help you get started on the journey. In the meantime, I wish you all success in your inven-tive endeavours. Stephen Anderson Partner MORCOM PERNAT - Patent and Trade Mark Attorneys Suite 10, 475 Blackburn Road, Mount Waverley, VIC 3149, Australia Phone: (03) 9543 8822 Fax: (03) 9543 2711 Email: [email protected] Web: www.morcompernat.com.au

Main Meeting: The main meeting started right on time at 7:30 hosted by our President PETER O’SHANNESSY. Unfortunately as is often the case with Audio / Visual equipment nothing worked for a short while so he wasn’t able to show a video of Arthur C Clarke on the internet in 1974 talking about what it will be like in 2001 and you will be amazed at how accurately he predicted things– 1min 33secs. To see it now click here. Can anybody invent A/V equipment that guarantees never to go on strike—It can’t be that hard!. I under-stand there wouldn’t be a court in the land that wouldn’t be interested in talking to you. (PS. It was my fault Peter.—Peter O’Shannessy). He then went on to welcome our visitors—all 11 of them. That large number must have been due to my unashamed promotion of IAA (Vic) during my hour long interview on 774 last week at 4am in the morn-ing. Seriously I thought the interviewer Tony Arthur gave us lots of good plugs so at this stage I’d say the media are on our side and are happy to get behind and promote inventors and inventions. Why Inven-tions seem to be the flavour of the month with the

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local media at the moment (eg Shark Tank 8pm Sun-day nights Channel 10) can you let either Peter O. or myself know. With such a large cohort of visitors Peter, then talked about what the IAA (VIC) was all about. What it can and cannot do for inventors – IAA (VIC) is an association where members have to do everything themselves, we cannot do your inventing for you, we cannot sell your ideas, we cannot bring you financial success, you have to do all that yourselves. What IAA (VIC) can do is bring you guest speakers on various subjects that you will find important such as 3D prototyping, how to become investor ready, mar-keting, manufacturing overseas etc. and we have in-ventors showing us their products and answering questions about it where we can learn from them too. We also have a feasibility committee who will look over your idea and offer suggestions to you to the best of their ability. To book in for that you must be a member and you can contact the president, Peter O’Shannessy direct. His name, phone no. and email are on the website and the newsletter. We have problem corner during the meeting where members can ask questions and have others provide information. Lastly, we provide entertaining evenings with like minded people that help get you out of the house, away from your mobile phone and your TV. From time to time we are alerted about exhibitions, competitions or TV shows for inventors and we keep you informed. We send out a newsletter by email each month and we videotape the meetings and put them on YouTube so if you are a member you can watch those if you need to go over advice or if you cannot attend a meeting or if you live in the country, interstate or overseas . Editor’s Note: I will endeavour to cover the monthly meetings in the newsletter in the order it will appear on our YouTube video. So if something takes your interest from the newsletter you will be able to quickly find more infor-mation about it on YouTube. Peter then gave us five helpful tips for negotiating the IAA (VIC) website. By using it’s own search box.

Search for what you want Find the page and read about it Find the newsletter or newsletters that contain the information Look up the corresponding video Check the comment box under the video to see where that speaker begins and watch it.

Peter then introduced committee member Len Wil-liams to speak about the advantages on offer for in-

ventors by talking to ATCS (our first paying sponsor) in order to receive government rebates for expenditure by inventors on research and development. (R&D).

L en, said this R&D rebate scheme applied for you on behalf of ATCS—who by the way have a 100% success rate-unlike most from the commonwealth government favours inventors

who may be semi or fully retired - I think this applies to most IAA (VIC) members. This is because if you claim around $20k in wages and expenses — assum-ing no income - you stand to benefit most from the scheme. Other considerations include;-

45% of your tax loss for the year is paid back to as a cash cheque from the government Pay yourself as a normal payee.. The first $18000 of any employee’s wage is tax free. You still can run your trading company through a trust but set up a company that does only R&D. ATCS make their money by taking 12.5% of what veer monies they get back for you from the govern-ment. Their success rate is 100% To apply for the previous financial year your claim must be in by 30 April 2015

Peter showed us then a power point summary of the inventions and guest speakers we had through 2014. Stand out guest speakers were Lauren Reilly whose father invented the electric toothbrush and her work-shop to get all inventors to come up with an elevator speech. That is if someone were to ask you what you did in 10 seconds you’d have the person so interested they would give you their card and ask you to call. She was all about each inventor building their own brand to be investor ready. The next stand out was Tony Barber ex guitarist for Billy Thorpe and the Aztecs and preferred licensing to patents.

For the first meeting of the year– Almost a Full House -including 11 new visitors. Inventing—the new HOT topic

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He really impressed with his 3 classes of inventions. An invention must either create a need (I assume a disruptive technology like Wi-Fi), fulfil a need or improve on a need. Next Peter, congratulated Ray Robotham (who unfor-tunately could not attend tonight’s meeting), for win-ning the IAA (VIC) inventor of the year competition with his mechanised concrete cutting tool. Commis-erations to Cleer Beer and ToyBo. Visitors will have to come back next month to see the perpetual trophy given out to the winner. Ray is in Las Vegas on a dis-tributor’s stand demonstrating his tool at World of Concrete.

Inventor of the year competition February:

Dr Ron Roberts - his invention “Perfect Pour”

Dr Ron Roberts is a Chiropractor Naturopath and author of best seller Asthma Controlled

Naturally ( Penguin) over 20000 copies sold. Dr Ron also produces a Muscle Rub especially for the grey-hound and racing industry .plus The Thera wave for treating injured animals.

Ron developed the original concept in conjunction with Frans Jaspers who Is an illustrated draughts-man and prepares Patent drawings for Patent Attor-neys nationally in Australia. He is the co-inventor of all Perfect Pour Inventions .

Frans would be happy to assist inventors with draw-ings/ illustrations that they may be needed with re-gards to their inventions. Confidentiality is guaran-teed,

His other partner is Luke Iris who Is the Sales Man-ager for Fox wines with wide experience in importing exclusive wines and spirits especially in Europe and is

guiding the development and marketing of these re-cently patented products

The perfect pour was invented after observing red wine running down the side of the bottle and staining clean white table clothes. It is a piece of hollow plastic with ribs down its outside, for securing itself to the top of a bottle. Drip free pouring occurs by the plastic insert breaking the surface tension of the droplets.

The piece of plastic must be first inserted under the bottle cap and when the cap is screwed on during manufacture of the wine the perfect pour is nestled into place.—Brilliant!. No wonder Ron has spent 10’s of thousands of dollars on patents.

He also has other products for correctly dispensing set amounts of say cough mixture 5,10,20,50 ml etc.

For further information see this month’s You tube video.

Peter, followed inventor of the year with showing us a video of James Dyson answering questions on in-venting.

He said he made 5,126 prototypes – For a vacuum cleaner cyclone??? Hasn’t he heard of computer simulation programs. I’d suggest Orcad for his elec-trics and COMSOL for the mechanical side.

New fees

Finally he explained IAA (VIC) new fees

Visitors up to $20 from $15

10 mths = $200

Members same $5 = $80 + $50

10 mths = $130

Country members renewal is up from $20 to $30

Ray Robotham winner of the IAA (VIC) (inventor of the year competition 2014) with his device for cutting control joints in concrete.

Dr Ron Roberts telling us about his latest invention “Perfect Pour”. Majority of bottle manufacturer’s clients could benefit from Ron’s invention.