In Short
- Protecting intellectual property (IP) in manufacturing is crucial to prevent competitors from exploiting your brand, products, or processes.
- Registering trade marks and patents helps secure exclusive rights to your brand and innovations, while trade secrets safeguard confidential information.
- Proper legal agreements, including confidentiality clauses, are essential when sharing IP with manufacturers.
Tips for Businesses
To safeguard your intellectual property in manufacturing, register trade marks and patents to secure exclusive rights. Use comprehensive manufacturing agreements that include confidentiality clauses to protect your brand and processes from misuse. Keeping certain key aspects, like methods and supplier information, as trade secrets can also provide long-term protection.
Table of Contents
Many companies in the manufacturing industry provide similar services at competitive prices. Focusing on innovations, branding, and supply chain efficiency is essential to maintaining a competitive edge in a market where offerings are often indistinguishable. This article outlines strategies to protect intellectual property and secure success against competitors in the manufacturing industry.
Patents
As a manufacturing company, innovation is one of your greatest assets. Creating new and more efficient production methods significantly increases your appeal to customers. Patents grant you the exclusive right to commercially exploit new, inventive, and non-obvious manufacturing processes and methods you develop. This exclusive right can last up to 20 years (standard) or 25 years (pharmaceutical), provided you pay the renewal fees. You may apply for a patent for:
- a new and inventive method of manufacturing goods; and
- a new process streamlining your production process.
Getting a Patent
When you own a patent for your new and inventive manufacturing method, you hold the exclusive right to profit from it. You cannot use the methods and processes created by competitors. However, you will receive rewards for your creativity and innovation.
Registration Requirements
You can only patent a method or process that is novel, inventive, useful and not obvious. To apply for a patent for your invention, you must:
- ensure that you are patenting something new. Check patent databases to see if anyone else has created something identical to your invention;
- prepare documentation listing you as the patent owner and including your or your agent’s contact information in Australia and New Zealand;
- prepare a specification document. this document will describe your invention in detail;
- apply for your patent with IP Australia; and
- request an examination of your application.
Trade Marks
A trade mark is a form of intellectual property right that gives you brand ownership. In an industry with many competitors, your marketing could be the factor that leads to consumers choosing you over other companies. A registered trade mark will ensure that nobody else can use your branding to market their manufacturing business. You can register a trade mark for things like:
- business or product names: registering a business name with ASIC is not the same as registering a trade mark for that name, so it is always good to ensure you have both rights protected;
- logos: other manufacturing companies cannot use your logo to trick consumers into believing they are dealing with you; and
- slogans: when customers hear your slogan, they know they are dealing with your manufacturing company.
Benefits of Trade Mark Protection
Benefits of trade mark protection include:
- a trade mark excludes competitors from using your particular branding on their products. This means that when customers see your logo or hear your slogan, they know they are contracting your manufacturing services; and
- exclusivity allows you to protect your reputation as a quality business by preventing competitors from taking advantage of your good name.
Getting a Trade Mark
To successfully apply for a trade mark, you must show that your mark is distinguishable from the marks of other businesses. To make your mark distinct enough for identification, you must ensure it stands out from others. A unique trademark will have a higher chance of acceptance and registration.
If your application is successful, you will own the trademark for your brand and enjoy all of its benefits.
Trade Mark Protection
Once you successfully register your trade mark, it will be protected for 10 years. After this period, you can renew the registration if you continue using the trade mark. However, ensure you preserve your registered trade mark rights by continuing to use it in branding and taking action against third parties that infringe your trade mark. Whenever you want to change your logo or slogan, make sure that you do not change it to something too generic.
Continue reading this article below the formTrade Secrets
A trade secret is information you keep confidential to protect it from being used by others. You do not need to register a trade secret or inform anyone that you want to protect the confidential information, you just need to keep it secret. You can keep trade secrets such as:
- methods of manufacturing: keeping your innovative processes and methods secret will prevent others from copying your innovations; and
- supply chain information: you can maintain a competitive advantage by keeping your efficient and cost-effective suppliers a secret from competitors.
Benefits of Trade Secrets
Benefits of trade secrets include:
- you can keep anything a trade secret;
- the only thing you need to do to make information into a trade secret is keep it secret. You do not need to pay fees or wait for application processes;
- unlike patents or trade marks that can expire, trade secret protection remains in place as long as the secret remains confidential; and
- the law safeguards trade secrets from exposure due to improper activities by others, including your employees.
Trade Secrets Protection
All you need to do is keep your trade secrets secret. There are a few ways you can make sure this happens:
- limit the number of people who know the secret information: the fewer people who know, the less you will need to worry about someone giving away your trade secret;
- require employees to sign non-disclosure agreements: these agreements make it illegal for employees to share their secret information with anyone; and
- keep hard copies of the information safe: it may be difficult to argue that someone obtained your information through confidential means if you did not attempt to keep the information secure.
This guide explains the essentials of trade marks and the steps required to register a trade mark.
Key Takeaways
Effective intellectual property protection can influence whether a company chooses your business to manufacture their goods or overlook it. You can protect your intellectual property by:
- patenting your innovative processes and methods of production;
- trade marking your unique branding; and
- keeping your methods and supply chain a trade secret.
If you need help protecting your intellectual property, our experienced intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
Apply for a patent through IP Australia. This grants exclusive rights to your innovative methods for up to 20 years, with possible renewals.
Registering a trade mark protects your brand from competitors and ensures exclusive use of your logos, names, and slogans. It lasts 10 years and can be renewed.
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