IP SPOTLIGHT 9 June

WHAT IS INNOVATION?

Defining innovation is a difficult, and even controversial, task. At a simple level, innovation could be defined as any commercially relevant change to a product or service. If being “commercial” is not the objective, it can be deleted or replaced with a preferred term. Commercial innovation is important though and government policies are likely to favour such innovation as the Australian, or global, economy moves on from the pandemic. It is worth noting here that the pandemic itself has fuelled innovation as equipment manufacturers have moved to produce scarce personal protective equipment, manufacturing processes have been revised and distillers have moved to produce hand sanitiser. This last suggests that innovation has also a brand dimension as the distiller’s business has moved from,

perhaps, gin production to hand sanitiser. Given the lucrative nature of that business, a trade mark portfolio review may be in order to ensure that brand protection remains relevant. Let’s return to technological innovation. It is always worth considering whether a valuable form of such innovation is protectable. In some cases, the innovation – though very important commercially – is incremental. It may be obvious and not patentable though Australian innovation patents remain relevant for now. An innovation that is new and solves a particular problem, though, should be reviewed – prior to use or any publication – for patent protection and advice sought if the innovation deserves it. A government focus on innovation is welcome, will help innovators who will gain even more by considering the IP aspects and further options to project their enterprise.

RICHARD BADDELEY Principal

About Wrays

Wrays is one of the largest independent IP specialist firms in Australia – bringing together the right combination of experts to protect, grow and defend our client’s intellectual property assets locally and globally for 100 years.

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