IP Lawyers Gold Coast

Generally, you should start taking steps to protect your intellectual property before it enters the public space. Certain types of IP protection, like patents, need to be registered prior to the protected IP entering the market. If you wait until after your IP is public, there’s a higher risk that competitors will infringe it – and, potentially, try to secure it for themselves. 

That doesn’t mean you shouldn’t take steps to protect your IP if it’s already in use. For certain types of IP, the cost of trade marking or registering them might not be ‘worth it’ until they’ve proven their value commercially (for example, the logo for a minimum viable product that you’re testing). 

Ultimately, there isn’t a single answer as to when you should start protecting your IP. If you operate an IP-heavy business, the best way to approach protection is to get advice from an experienced IP lawyer as soon as possible. They can help you develop a personalised protection strategy that balances security with other commercial considerations.

An IP protection strategy is the set of guiding rules and principles used to safeguard an organisation’s intellectual property. It’s essential for any business that relies on proprietary innovations (for example, products, technologies, designs or processes) to maintain a competitive advantage.

A protection strategy will normally be developed by an expert IP solicitor in conjunction with senior organisational leadership. Typically, the solicitor will conduct an audit of your existing IP, after which they can develop appropriate management systems, improve asset efficiency, manage risks, and action any existing IP issues.

If you’re deciding between different IP solicitors, asking the right questions can help you find a lawyer who matches your needs. Useful questions include:

1. What’s the approximate total cost of securing my IP rights?
2. Do you have experience with this type of IP protection?
3. Do you have experience with IP in my specific industry?
4. What are my chances of successfully securing my IP if I do proceed with an application?
5. Do I need ongoing IP support to secure my IP assets? 

No, registering your business information with ASIC or other government agencies doesn’t mean that information is protected by a trade mark.  To register a trade mark, you must file an application with IP Australia, which will typically take around seven and a half months to be fully approved.