FOR IP PROFESSIONALS

Monitor the marketplace

Smart business owners constantly monitor the market to understand what competitors are doing. This is an important step when starting a business so you are not only aware of your competitors, but you ensure that your idea is not infringing on someone else's existing intellectual property (IP).

A key source of market intelligence are the IP search databases. You can search IP Australia's databases for patents, trade marks, designs and plant breeder's rights.

Is your idea or brand unique?

IP Australia's databases for patents, trade marks, designs and plant breeder's rights are fully searchable. You are free to search these databases to check for potential competitors. This is an important step to ensure you are not wasting time and effort on something that already exists.

Trade mark search

IP Australia offers a search service to check whether your proposed business, company or domain name is similar to a registered trade mark. The Australian Trade Mark Online Search System (ATMOSS) can save you time and reduce the likelihood of infringing someone else's trade mark. Take the time to search ATMOSS for existing trade marks that may be the same or similar to yours.

Patent search

Reviewing relevant literature can save a lot of time, money and effort. A patent, for instance, will not be granted unless your idea is new. A search of the patent database AusPat will give you a very good indication of whether or not your idea is new.

If your invention is described in a patent that is no longer in force, you cannot get a patent yourself and it is likely that others will already know about the technology. Also, if the owners have allowed the patent to lapse, there may be doubts about the patent's commercial viability.

Find patents that could help your business

During your patent search you may find patents that have been granted but not commercialised. These patents may suit your business activities and you could successfully purchase a patent after negotiations with the owner.

You can also license someone else's IP. You may have a good idea but find someone else has already thought of it. Taking out a licence is a cost-effective alternative to investing in development that has already been done.

Find out what your competitors are doing

Searching AusPat is useful for finding out what your competitors are doing.

Not only are you able to monitor your competitors' research activities, but you can keep an eye on trends in technology and emerging key players.

Technical information about your competitors' products or processes might be published in a patent specification well before they appear on the market.

If the information identified in a patent search comes from a patent that is not in force, generally it can be used freely.

Designs and plant breeder's rights also have specific databases that are a good place to start before you invest valuable time and money in your initiative