Freehills Patent & Trade Mark Attorneys
Research your idea
Where to start
The following free sites enable some research of patent, trade mark and design information.
Be aware though that no search can ever be made fully comprehensive. A search is limited by both the type of database consulted and the choice of keywords or other search criteria selected. The results of searches conducted using the sites given below should not be taken as a substitute for professional searching, interpretation and advice.
Patents
Patents are granted for inventions which are both new and non-obvious. Documents - including patent specifications - which have been published anywhere in the world may be taken into account in assessing novelty and obviousness. Granted patents can be infringed by a product or process which takes all of the features of one or more of the patent claims.
The following sites may help you to investigate whether your invention is new and/or to find out whether any existing patents or patent applications might prevent you from exploiting your idea:
Australia Mainframe Database
This site provides access to the Australian Patent Office database, which includes bibliographic and status information for Australian patents and patent applications.
Accepted Australian Patent Applications
This site provides access to full copies of accepted Australian patent applications published from 17 December 1998 onwards.
Delphion Intellectual Property Network
This site provides abstracts of US patents published from 1971 onwards. Full copies of US patents are also available.
Esp@cenet Patent Information Service
This site is maintained by the European Patent Office and provides abstracts and full-text patent specifications from many patenting bodies around the world.
Trade marks
In order to obtain registration, a trade mark must be capable of distinguishing the goods or services for which the trade mark application is lodged.
A trade mark can be capable of distinguishing goods or services if it is 'inherently adapted' to do so, such as an invented word with no particular meaning. Even a word or other sign which other traders would ordinarily wish to use to describe the goods or services - and which would thus be not inherently capable of acting as a distinguishing trade mark - can be registered if it has been used to such an extent that the sign actually will or does distinguish a trader's goods or services.
However, a trade mark will not be registered if it is substantially identical with, or deceptively similar to, an existing trade mark application or registration for the same, or similar or closely related, goods or services.
A registered trade mark can be infringed if a person uses as a trade mark a sign which is substantially identical with, or deceptively similar to, the registered trade mark in respect of the same or similar goods or services. If the registered trade mark is famous, it may even be infringed if a person uses as a trade mark a sign which is substantially identical with, or deceptively similar to, the registered trade mark in respect of unrelated goods or services.
The following sites may help you to investigate if your trade mark is registrable and/or to find out whether any existing trade mark registrations or applications might prevent you from exploiting your trade mark:
Australia Mainframe Database
This site provides access to the Australian Trade Marks Office database, which includes bibliographic and status information for Australian trade mark registrations and applications.
Australian Trade Mark On-line Search System
This site enables public searching of the Australian Trade Marks Office database, including the viewing of logos and other non-word marks.
Intellectual Property Office of New Zealand Trade Marks Database
This site provides database searching of New Zealand trade marks by number, word, proprietor, class/schedule or goods & services classification.
United States Patent and Trademark Office Trademark Database
This site provides an interface for two-term Boolean searching of the U.S. Trademark Database.
Designs
Registration may be obtained for designs which are both new and original. A design may be infringed if an obvious or fraudulent imitation of the design is applied to an article in respect of which the registration has been obtained.
The following site may help you to investigate if your design is registrable and/or to find out whether any existing design registrations or applications might prevent you from exploiting your design:
IP Australia Mainframe Database
This site provides access to the Australian Designs Office database, which includes bibliographic and status information for Australian design registrations and applications.
Need help?
If you need help to interpret your search results, or to undertake a more thorough due diligence search, then please contact us for further assistance.
Where to start
The following free sites enable some research of patent, trade mark and design information.
Be aware though that no search can ever be made fully comprehensive. A search is limited by both the type of database consulted and the choice of keywords or other search criteria selected. The results of searches conducted using the sites given below should not be taken as a substitute for professional searching, interpretation and advice.
Patents
Patents are granted for inventions which are both new and non-obvious. Documents - including patent specifications - which have been published anywhere in the world may be taken into account in assessing novelty and obviousness. Granted patents can be infringed by a product or process which takes all of the features of one or more of the patent claims.
The following sites may help you to investigate whether your invention is new and/or to find out whether any existing patents or patent applications might prevent you from exploiting your idea:
Australia Mainframe Database
This site provides access to the Australian Patent Office database, which includes bibliographic and status information for Australian patents and patent applications.
Accepted Australian Patent Applications
This site provides access to full copies of accepted Australian patent applications published from 17 December 1998 onwards.
Delphion Intellectual Property Network
This site provides abstracts of US patents published from 1971 onwards. Full copies of US patents are also available.
Esp@cenet Patent Information Service
This site is maintained by the European Patent Office and provides abstracts and full-text patent specifications from many patenting bodies around the world.
Trade marks
In order to obtain registration, a trade mark must be capable of distinguishing the goods or services for which the trade mark application is lodged.
A trade mark can be capable of distinguishing goods or services if it is 'inherently adapted' to do so, such as an invented word with no particular meaning. Even a word or other sign which other traders would ordinarily wish to use to describe the goods or services - and which would thus be not inherently capable of acting as a distinguishing trade mark - can be registered if it has been used to such an extent that the sign actually will or does distinguish a trader's goods or services.
However, a trade mark will not be registered if it is substantially identical with, or deceptively similar to, an existing trade mark application or registration for the same, or similar or closely related, goods or services.
A registered trade mark can be infringed if a person uses as a trade mark a sign which is substantially identical with, or deceptively similar to, the registered trade mark in respect of the same or similar goods or services. If the registered trade mark is famous, it may even be infringed if a person uses as a trade mark a sign which is substantially identical with, or deceptively similar to, the registered trade mark in respect of unrelated goods or services.
The following sites may help you to investigate if your trade mark is registrable and/or to find out whether any existing trade mark registrations or applications might prevent you from exploiting your trade mark:
Australia Mainframe Database
This site provides access to the Australian Trade Marks Office database, which includes bibliographic and status information for Australian trade mark registrations and applications.
Australian Trade Mark On-line Search System
This site enables public searching of the Australian Trade Marks Office database, including the viewing of logos and other non-word marks.
Intellectual Property Office of New Zealand Trade Marks Database
This site provides database searching of New Zealand trade marks by number, word, proprietor, class/schedule or goods & services classification.
United States Patent and Trademark Office Trademark Database
This site provides an interface for two-term Boolean searching of the U.S. Trademark Database.
Designs
Registration may be obtained for designs which are both new and original. A design may be infringed if an obvious or fraudulent imitation of the design is applied to an article in respect of which the registration has been obtained.
The following site may help you to investigate if your design is registrable and/or to find out whether any existing design registrations or applications might prevent you from exploiting your design:
IP Australia Mainframe Database
This site provides access to the Australian Designs Office database, which includes bibliographic and status information for Australian design registrations and applications.
Need help?
If you need help to interpret your search results, or to undertake a more thorough due diligence search, then please contact us for further assistance.