Insights from Baxter IP on Intellectual Property for Startups

In the dynamic world of startups, understanding intellectual property (IP) is essential for protecting innovations. UNSW Founders recently hosted a webinar with Baxter IP, a top Australian IP firm, to explore IP strategies for startups. Led by Chloe Court and Chris Baxter, the session covered the basics of patents and trademarks, offering insights for entrepreneurs. 

About Baxter IP

Founded in 2007, Baxter IP specialises in intellectual property law, offering services in patents and trademarks. Their team of experienced attorneys, including Chloe Court, who leads the Sydney trademarks division, and Chris Baxter, a patent expert, guides clients through the complexities of identifying and securing IP protection. With a focus on helping businesses safeguard their innovations, Baxter IP is a trusted partner for startups and established companies alike.

Understanding Intellectual Property: Patents and Trademarks 

IP can be divided into two main types: 

·       Statutory: Governed by legislation (e.g., patents, trademarks, registered designs, copyright). 

·       Non-Statutory: Arising from common law (e.g., trade secrets, unregistered designs). 

Patents 

A patent provides a 20-year monopoly for new, non-obvious technologies.  

Key requirements include: 

• Novelty: Must be new and not disclosed publicly.

• Inventive Step: Must not be obvious to a skilled person.

• No prior public disclosure (unless the disclosure occurred during a legislated grace period). 

Infringement > Occurs if a product or process contains all essential features of a patent's claim and is exploited commercially. 

Ownership Considerations> Ensure all rights from co-inventors, employees, and contractors are assigned to the startup before filing. 

Registered Designs 

Protects the appearance of a product for 10 years. The design must be new and visually distinctive. 

Trademarks 

Protects branding elements like names, logos, and colours. Trademarks must be distinctive and not too similar to existing marks. They are registered for 10 years and can be renewed indefinitely. 

Key requirements include: 

• Must be graphically represented.

• Cannot be descriptive or in conflict with existing trademarks. 

Why Register? To formalise rights to secure IP assets, enforce them nationwide, and deter infringement. 

When to Engage an IP Attorney? Consult an IP attorney early—ideally before public disclosure of a new idea or brand. This helps prevent potential conflicts and costly rebranding. 

Q&A Highlights 

Q: Is the patent process the same for AI technology? 

A: The overall patent process is the same, but it’s crucial to determine if the AI technology qualifies as patentable subject matter. For AI, the inventiveness might lie in how data is pre-processed or how the AI is trained, rather than the AI algorithm itself. 

 Q: Can I do a trademark search myself before consulting an IP attorney? 

A: Yes, you can perform a preliminary search using government IP databases, IP Australia,  but it’s advisable to consult a professional for a comprehensive search. Minor variations in spelling or conceptual similarities could still lead to conflicts, which a professional can help navigate. 

 Q: Can I do a patent search myself before consulting an IP attorney? 

A: It's a bit confusing but you can start a search on Google Patents which is publicly available and covers a much wider geographical range than just US patents. But if you are trying to find out if your idea is new or not then the best way is to engage with an IP attorney.

Q: How expensive is the trademarking process? 

A: The cost of trademarking can vary widely depending on the scope (domestic or international) and the nature of the product or service. Basic trademarks may cost under $1,000, while international filings or complex cases could be more expensive. 

 Q: When in your journey should you be looking to register your trademark? 

A: As soon as you know you are committed to a name and before you begin to put that name out publicly. 

Navigating the world of intellectual property can be daunting for startups, but it’s a vital part of protecting your innovation and ensuring your business's long-term success. For startups looking to safeguard their inventions and brands, engaging with experienced IP professionals like those at Baxter IP is a wise step. 

For more information you can book a Coach and Connect Session through UNSW Founders. Or speak directly to expert attorneys from Baxter IP and protect your innovation to pave the way for future success with the right IP strategy.