Dictionary of Intellectual Property Terms used in Australia
Here are some terms that you will be required to understand when making an application to establish your rights to intellectual property over new and useful ideas, both in Australia and internationally.
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Dictionary of Intellectual Property
abstract = See patent abstract
ACIP = Advisory Council on Intellectual Property
ALRC = Australian Law Reform Commission
application for a patent = See patent application
applicant = See patent applicant
assignment of rights = occurs when the IP owner sells or bequeaths their IP rights to someone else
auDA = auDA Foundation
auDA Foundation = Domain Name Administrator in Australia
AUSFTA = Australia-United States Free Trade Agreement
Australian Patents Act (CTH) 1903 =
Australian Patents Act (CTH) 1952 =
automatic rights = IP rights that come into effect at the moment of creation. No formal registration is necessary to protect these IP rights. In Australia, copyright and circuit layout rights are automatic rights.
basic application = the document that establishes priority of claim to IP. In Australia the basic document is the one "first filed" with the patent office, whether that is a provisional or complete application. In the case of a convention application made in Australia, the basic document will be the one filed in the foreign country from which the convention application derives its priority.
certification mark = a mark used to distinguish goods or services dealt with or provided in the course of trade and certified by the trade mark owner (or by another person approved by the owner) in relation to quality, accuracy or some other characteristic including origin, material or mode of manufacture
circuit layout rights = rights that automatically protect original layout designs for integrated circuits, and computer chips. While these rights are based on copyright law principles they are a separate, unique form of protection.
claim = a concise written statement that defines the invention covered by the patent applicant to the patent office. What falls within that definition is protected by the patent; anything outside that definition is not protected.
classes = classification systems used by the patent office to assist with searching databases of patents, trade marks, designs and plant varieties. Classes for patents are determined by the International Patent Classification (IPC) system
collective mark = a mark used in the course of trade by members of an association
Commerce (Trade Descriptions) Act (CTH) 1905 =
commercialisation = turning a good idea, an invention, a patent into a product available to be sold on the market
complete specification = full description of invention
convention application = an application made under international convention which should be made through IP Australia
copyright = laws to protect the original expression of ideas, not the ideas themselves. It is free and automatically safeguards your original works of art, literature, music, films, broadcasts and computer programs from copying and certain other uses.
Copyright Act (CTH) 1968 =
design = see industrial design
Designs Act (CTH) 2003 =
Designs Regulations (CTH) 2004 =
divisional application = the dividing of an application to the patent office into two or more applications
enforce = take action against infringer
enforcement = legal action against infringer
EPC = European Patent Convention
EPO = European Patent Office
ethics dictionary = some important words for corporate ethics
ICANN = Internet Corporation (for) Assigned Names (and) Numbers
exploit = (a) (where the invention is a product) to make, hire, sell or otherwise dispose it, offer to make, sell, hire or otherwise dispose of it, use or import it, or keep it for the purpose of doing any of those things; or (b) (where the invention is a method or process) use the method or process or do any of those things in respect of a product resulting from its use.
exclusive licencee = a licence granted by the patentee and conferring on the licensee, or on the licensee and persons authorised by the licensee, the right to exploit the patented invention throughout the patent area to the exclusion of the patentee and all other persons
industrial design registration = the features of shape, configuration, pattern or ornamentation which can be judged by the eye in finished products. Design registration is for manufactured products, NOT artistic designs. In other words, registered designs protect the way manufactured products look.
industrial property = IP that has an industrial application
infringement = performance of a prohibited act with respect to a patent, trade mark, design or plant variety without permission from the owner. Permission may typically be granted in the form of a licence
infringer = person who infringes the IP rights of the owner
innovation patent = a form of protection available in Australia for comparatively minor innovations and improvements. Protection is available through IP Australia for up to eight years. For suitable subject matter, innovation patents require only novelty and an ?innovative step? to be valid.
intellectual property (IP) = the property of your mind or intellect
international application (patent) = file an International Application with the Patent Office of IP Australia under the PCT (Patent Co-operation Treaty) designating the countries in which you want a patent
inventive step = a necessary step because the invention is not obvious to someone with knowledge and experience in the technological field of the invention
inventor = a person whose involvement and contribution was essential to the development of the invention
IP = intellectual property
IP law = See
Australian Patents Act (1903) (Cth)
Australian Patents Act (1952) (Cth)
Commerce (Trade Descriptions) Act (1905) (Cth)
Copyright Act (1968) (Cth)
Designs Act (2003) (Cth)
Designs Regulations 2004 (Cth)
Patents, Designs and Trade Marks Act, 1883 (UK)
Patents Act 1990 (Cth)
Patents Regulations 1991 (Cth)
Plant Breeder's Rights Act 1994 (Cth)
Plant Breeder's Rights Regulations 1994 (Cth)
Trade Marks Act 1995 (Cth)
Trade Marks Regulations 1995 (Cth)
Trade Practices Act 1974 (Cth)
IP matters = patents, trade marks, designs, confidential information/trade secrets, copyright, circuit layout rights, plant breeder's rights, etc.
IP rights = rights of ownership; See intellectual property
IP types = patents, trade marks, designs, confidential information/trade secrets, copyright, circuit layout rights, plant breeder's rights, etc.
International Patent Classification (IPC) = established by the Strasbourg Agreement 1971, provides for a hierarchical system of language independent symbols for the classification of patents and utility models according to the different areas of technology to which they pertain
IP Australia = the patent office in Australia
IP Australia Media Centre Phrase Book = a great place to start!
IP legislation = Acts and Regs administered by IP Australia
IP owner = owner of IP
IPC = International Patent Classification
IPCRC = Intellectual Property & Competition Review Committee
IPRIA = Intellectual Property Research Institute of Australia
letters patent = instrument issued by a government granting a right or conveying title to a private individual or organization
joint patentee = a patent may be granted to two or more patentees jointly
licence = an agreement between the patentee and the licensee conferring on the licensee the right to exploit (but not to own) the patented invention
licensee = recipient of the right to exploit (but not own) the IP under licence
licensing of rights = an alternative to assignment of rights; See licence
licensor = owner of IP who grants to the licensee under licence the right to use (but not own) the IP
Locarno System of Classification = international convention on Designs
manner of manufacture = a legal term used to distinguish inventions which are patentable from those which are not. Artistic creations, mathematical methods, plans, schemes or other purely mental processes usually cannot be patented.
NDRC = landmark decision of the High Court 1959 National Development Research Corporation vs. Commissioner of Patents establishing the modern test for manner of manufacture
new = not publicly disclosed in any form, anywhere in the world.
NICE International Classification = international convention on trade marks
nominated person = the person(s) or body corporate that owns the IP
non-patentable subject matter = not an invention or a manner of manufacture as defined in the Statute of Monopolies; an invention claimed but which is found to be not novel, not inventive and/or not useful; human beings, subject matters that are contrary to law, certain foods and medicines and certain uses of a person's name are specifically excluded by relevant Acts and Regulations or may be refused by the patent office.
omnibus claim = a special claim with the patent office that uses description and/or drawings to detail the preferred form of the invention
owner = See IP owner
patent = a right granted for any device, substance, method or process, which is new, inventive and useful
Patents, Designs and Trade Marks Act (UK), 1883 =
patent abstract = an important document; a brief summary of the invention to assist the registrant to identify and understand its key features when making an application to the patent office; this document can play a key role in establishing IP rights
patent applicant = person(s) or organisation(s) making an application to the patent office for IP
patent application = an application to the patent office for IP
patent attorney = a registered professional granted rights under the Act to give advice on IP matters and prepare all documents, transact all business and conduct all proceedings on IP matters on behalf of his/her client for the purposes of the Act
patent office = See IP Australia
patentable subject matter = an invention, a manner of manufacture as defined in the Statute of Monopolies, which is novel, inventive and useful; See non-patenable subject matter
patentee = owner of a patent under the Patents Act
Patents Act (CTH) 1990 =
Patents Regulations (CTH) 1991 =
Patent Co-operation Treaty (PCT) = See international application
PCT = Patent Co-operation Treaty
plant breeder's rights = used to protect new varieties of plants by giving exclusive commercial rights to market a new variety or its reproductive material
Plant Breeder's Rights Act (CTH) 1994 =
Plant Breeder's Rights Regulations (CTH) 1994 =
priority date = an important date; it is the date when you first file a patent application with the patent office that describes the invention in detail. This is used to determine if your invention is new. If your invention is known to the public before this date, you are not entitled to patent it.
provisional application = an interim document in patent actions. It does not form the basis of the grant of the patent but is a document that precedes the complete application upon which the grant is based. A provisional application establishes a priority date for disclosure of the details of an invention and allows a period of up to 12 months for development and refinement of the invention before the patent claims take their final form in a complete application.
provisional patent =
provisional specification = used to establish a priority date for an invention. It does not give you patent protection on its own and does not cover you for any subsequent developments or improvements made to your invention. You must file a complete application associated with your provisional application, or file an international application claiming priority from the provisional, within 12 months or you will lose your priority date.
rights = rights of ownership; See intellectual property
Statute of Monopolies (1623) = English (UK) legislation that became the basis of Westminster system IP law
trade mark = a letter, number, word, phrase, sound, smell, shape, logo, picture, aspect of packaging or any combination of these, which is used to distinguish goods and services of one trader from those of another.
Trade Marks Act (CTH) 1995 =
Trade Marks Regulations (CTH) 1995 =
Trade Practices Act (CTH) 1974 =
trade secret = a type of IP and a strategy for protecting IP. It includes proprietary knowledge (know-how) and other confidential information.
TRIPS = (World Trade Agreement on ) Trade-Related (Aspects of) Intellectual Property (Right)s
Union for the Protection of New Plant Varieties (UPOV) = international convention on Plant Breeders' Rights
UPOV = Union for the Protection of New Plant Varieties
useful = it meets its promise; the invention performs a function that is useful and that performs as defined in the claim
WIPO = World Intellectual Property Organization
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