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A registered design protects the look or appearance of a product. It does not protect how the product works although in some cases these are related.
An example is the design of a door handle. The design registration does not protect the mechanism of how this product works. The design registration will only protect the appearance of the product.
A designs needs to be “new” and “distinctive” to be registrable. The comparison is made against ‘prior art’ designs – those that are publicly available prior to the design application filing date. To be “new”, a design must not be identical to a prior art design. To be “distinctive”, the design must not be “substantially similar in overall impression” to a prior art design.
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I am a Fellow of the Institute of Patent and Trademark Attorneys (IPTA). Being a ‘Fellow’ means I have a lot of experience and I know my stuff! Here is a link to my LinkedIn profile. I gained experience from working in the biggest IP firms in Sydney and Perth in all aspects of the IP profession including. For more info Visit http://www.protectmyidea.com.au
In Keeping with our low fee experienced professional service philosophy, We have teamed up with other like minded professionals who can assist you in commercialising your idea. For more info Visit http://www.protectmyidea.com.au
A trade mark is used to distinguish your product (your goods and/or services) from those of other traders. Typically, a trade mark includes a word, phrase, logo or a combination of these. An example of a well-known trade mark is QANTAS and the flying kangaroo logo. For more info Visit http://www.protectmyidea.com.au
A patent is a monopoly for an invention, effective within the country, for a maximum period of 20 years for a standard patent and 8 years for an innovation patent. Having a patent means you have exclusive rights to make or sell your patented invention within the country. This means a competitor cannot have a copy product made overseas and then import it into the country. For more info Visit http://www.protectmyidea.com.au
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