IP SPOTLIGHT JULY 7

I N THE END Adopting an IP conscious approach whilst continuously refining your idea is a smart way of going about pursuing your startup. The tips we set out above can be easily integrated into your startup journey by simply stopping at various touchpoints to ask three simple questions: does this need to be kept confidential, do I own it, and what are others doing? Armed with these three simple questions, you are well on your way to protecting your IP proactively, which will automatically give you a competitive edge over those that don’t.

the first use for trawling the public IP registries is to help you understand whether your proposed new product or service may be infringing someone else’s IP rights. Another way you can leverage publicly available information is for competitive gain. For example, doing a quick search for Apple’s latest patent filings can tell you what they’re working on. Conducting searches of competitor’s filing helps you understand where their products may be heading before they even hit the market, which could give you the heads-up you need to pivot and save some invaluable resources (read: time and money!) Flicking through the patent register can also tell you what’s been done before. Generally speaking, under patent law, if it’s done been before anywhere else in the world (whether found in a patent or in a journal article), it may be difficult to obtain patent protection. The lesson here is that freely available information can be used as a powerful source of intelligence to inform your product or service development, refine your go-to-market strategy and stay ahead of the competition.

ADRIAN HUBER Special Counsel

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.

And when you combine our passion for achieving the best result with our broad capability across the IP spectrum, it’s our clients who enjoy the benefits. In day-to-day reality, this means bringing the right people in the room every time and working together across disciplines to deliver what’s needed.

It doesn’t stop there. Through our extensive local and global networks, we can connect clients with like-minded experts who deliver supporting services, such as private equity, tax advisors, corporate and employment law, as well as IP specialists around the world servicing other jurisdictions. wrays.com.au

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