Transforming creativity & innovation Into commercial edge. Phillips Ormonde Fitzpatrick are the IP protection people who are great to work with. We transform creativity and innovation into commercial edge. About Us As a specialist intellectual property (IP) firm, we provide you with tailored end-to-end IP services that protect your most valuable business assets. Whether you are a start-up, research institution or multinational corporate, we will collaborate with you and provide commercially focussed solutions that align with your business objectives. Privately owned and independently minded since 1888. The Group The POF Group protects your investment in innovation through three key areas of operation, each specialising in a different aspect of Intellectual Property Phillips Ormonde Fitzpatrick (POF) Our patent and trade mark attorney firm specialising in obtaining and maintaining patents, trade marks and registered designs. Phillips Ormonde Fitzpatrick Lawyers (POFL) An associated law firm with a strong reputation in IP litigation and advising on and drafting IP agreements. IP Organisers (IPO) A specialist search and investigations company providing IP research and searching services, as well as IP portfolio audits and reporting services Where we operate Your Asia Pacific specialists Operating from our base in Australia, we are ideally situated to deliver IP services across Asia Pacific through our established relationships with regional experts. We will be your single point of contact and provide you with access to the full suite of IP services of any country within the Asia Pacific region. We manage our clients’ IP portfolios across Australia, New Zealand, Papua New Guinea, Vanuatu and South-East Asia, as well as globally through our network of trusted associate firms. Our approach We provide you with end-to-end IP services through our patent and trade mark attorney firm, specialist IP law firm and IP search and investigations company. We will work with you to tailor your IP strategy to maximise the value of your IP. End-to-end IP services We provide you with end-to-end IP services through our patent and trade mark attorney firm, specialist IP law firm and IP search and investigations company. We will work with you to tailor your IP strategy to maximise the value of your IP. And if it comes to it we can enforce and defend your IP rights in Australian Courts. A full suite of IP services • identifying IP • conducting IP searches and watches • comprehensive patent specification drafting in all fields of technology Expertise that matches your technology As a firm that solely focusses on IP, we match you with attorneys that have qualifications and experience relevant to your industry and technology. Our patent and trade marks attorneys have qualifications in science or engineering, ensuring they understand the intricate technical issues in protecting your IP. We are more than just attorneys and lawyers – we are scientists, engineers and technical specialists. We have specialist expertise in a wide range of technical areas, such as: • preparing, lodging and processing of patent, trade mark and design applications • Aeronautical engineering • technical drawings • Business methods • dealing with examiners’ objections • investigating and advising on the validity of the IP rights of others • advice on alleged infringement • conducting opposition proceedings before IP Australia • enforcing and defending IP rights through the courts in Australia • licensing, copyright and contract advice • formal IP management activities, including portfolio audits, assessments and reports • negotiation and settlement of IP disputes • Biotechnology • Chemical engineering • Chemistry • Civil engineering • Electrical engineering • Electronics • Horticulture • Information and communication technology • Materials • Mechanical engineering • Medical technology • Mining technology • Nanotechnology • Pharmaceuticals • Physics • Polymers • Resources • Sustainability. Our services From conception through to enforcement, we offer the full suite of IP services. Patents Trade marks A legally enforceable exclusive right granted by a government for an invention that is new, inventive and useful. A ‘sign’ that distinguishes goods or services from those of other traders, such as any letter, word, name, signature, scent or shape. Whether you are an inventor, engineer, scientist, or just someone with a great idea, having a patent will help protect your invention and provide you with a competitive edge in the marketplace. Effective patent protection also enhances your commercial opportunities, making it easier to seek investment from prospective partners or licensees. An effective trade mark strategy is crucial to securing your competitive advantage in an increasingly crowded marketplace. A carefully chosen trade mark can be one of your business’ most valuable assets, boosting brand identity and helping to differentiate your products and services. As a patent owner, you have the exclusive right to stop others making, selling, importing, using or otherwise exploiting the patented invention in the country in which your patent is granted. You can control the: A trade mark that has been registered with the trade marks office or trade marks registry is known as a registered trade mark. • manufacture of a patented product • use of a patented product or process • importation of a patented product • importation of a product made by a patented process. How can we help? Our patent attorneys will work with you to identify the patentable aspects of your invention and will prepare and file your patent applications in countries of commercial interest. Being technically and legally qualified, patent attorneys have the expertise to ensure your invention is effectively protected and enforceable in the countries where your invention may be exploited. We will then guide you through the complicated patent examination and grant process. During this time, we will monitor all aspects of the application process, provide advice and action recommendations, and will work to ensure that the patent rights ultimately obtained address your business needs. A registered trade mark is a valuable asset for the owner and provides a number of important rights, including: • the exclusive right to use the trade mark in relation to the goods/services for which it is registered • the right to take action for infringement against a third party using a substantially identical or deceptively similar trade mark for the same or similar goods/services • the right to sell and licence the trade mark. How can we help? Whether you’re a business or an individual, our trade mark attorneys can help you with all facets of the trade mark application, registration and enforcement process. Our attorneys manage complex portfolios with applications and registrations in multiple countries, and attend to payment of renewal fees and other government taxes. Registered designs The overall appearance of a product resulting from one or more visual features, such as shape, pattern or configuration. If the appearance of your product is unique, it may be worth protecting with a registered design. Design registration protects the overall appearance of a product, and can also act as a deterrent to others who might want to copy and commercialise a product with a similar appearance. A registered design can also be a good alternative for protecting a product where a patent is unavailable or not warranted. As the owner of an Australian registered design, you will have the exclusive right to stop others making, selling, importing or exploiting the product that embodies the design. A design registration lasts for five years and is renewable for a further five years. It provides the exclusive right to: • make the product in Australia • import the product into Australia • sell, hire or otherwise dispose of the product in Australia • use the product in Australia • keep the product in Australia • authorise others to do any of the above. How can we help? We can help you with all aspects of design registration, from advising on the registrability of a design, through to the preparation of drawings and design enforcement. We will work closely with you to ensure that your unique design is protected and your commercial objectives are met. IP research Legal services Whether you are launching a new product, keeping tabs on a competitor, or you just want to know if you can be granted IP rights, searching is a great way to ensure your competitive advantage is secure. IP is typically infringed when someone makes commercial use of another person’s rights without their permission. Infringement can cause loss to IP owners in many ways, including by diverting sales, damaging a brand’s reputation and preventing successful commercialisation of the IP. It is important to take action promptly when infringement is discovered, both to limit loss and to preserve the IP owner’s rights. Our wholly owned IP research and investigations company, IP Organisers, specialises in intellectual property research, audit, investigations and IP management to enable you to make the most of your IP. Services include: • patent and design searches • trade mark searches • domain names • investigations • IP management • IP audits. We determine the service you need to align with your business objectives and budget. We then conduct the searches and provide you with a report tailored to your needs. How can we help? With your commercial interests in mind, our research team aligns the service you require with your business objectives. This includes extensive database searches, expert investigations and IP management. By using IPO for these services, you will have access to the national and international networks, as well as tailored reports illustrating the findings. We ensure that you have the best information and support to help you maintain, defend and grow your position in the marketplace. How can we help? Whether your IP has been infringed, you are involved in a dispute over the ownership of IP, or you are facing allegations of infringement, we will work with you to achieve a solution that exceeds your business needs. We understand that there are many ways to resolve an IP dispute, and we will fully explore a range of strategies with you to determine the most effective approach for your situation. We can help you with all aspects of enforcement and dispute resolution, from pre-action negotiations, through to mediation and contested litigation. Our experience includes conducting matters in the Federal and Full Federal Courts, as well as the High Court of Australia. In addition to litigious matters, we have extensive experience in advising on and drafting a full range of legal documents relating to IP. We also have an active anti-counterfeiting program and we regularly liaise with Customs officers in relation to the seizure of goods. We will understand the particulars of your IP, as well as your overall commercial objectives, so we can offer you the most practical, cost-effective and tailored IP advice. Our people Our people take your work personally We differentiate ourselves from other providers by delivering a superior level of personalised client service, and we do this through our team of patent and trade mark attorneys who are among the best in Australia. The expertise of our attorneys has been recognised through our rankings in a number of directories – which includes Tier 1 rankings for Australia in the IAM Patent 1000, WTR 1000 and MIP IP Stars directories. We are more than just attorneys and lawyers – we are scientists, engineers and technical specialists. Our people have a personable client focus, where we place great emphasis on developing relationships and providing tailored IP solutions. We’re trusted providers of IP services by a number of notable Australian organisations, including Australia’s leading industrial research organisation, and several major universities. Meet the Team: The right people matched to your specific needs, collaborating for better outcomes. Commercialising your IP Protecting your commercial edge We partner with you to develop a comprehensive strategy that brings your investments to life, from inception to commercialisation. We can help you at every stage of the commercialisation process - whether you have under-utilised IP assets or an IP portfolio, but no clear commercial strategy. Secure portfolio access and filing efficiencies Our secure online portfolio system, IPSYS, provides you with an instantaneous summary of your IP portfolio online. Our case management database also includes an automated alert system which monitors and updates deadlines for examination, renewal, filing and more. For more information contact: Melbourne Woiworung* Sydney Eora* Adelaide Kaurna* Level 16, 333 Collins Street Melbourne VIC 3000 Australia Suite 15.02 Level 15, 4-6 Bligh Street Sydney NSW 2000 Australia Level 3, 74 Pirie Street Adelaide SA 5000 Australia Phone: +61 3 9614 1944 Fax: +61 3 9614 1867 Phone: +61 2 9285 2900 Fax: +61 3 9614 1867 Phone: +61 8 8232 5199 Fax: +61 3 9614 1867 *Traditional place name Postal address PO Box 323 Collins Street West Melbourne VIC 8007 Australia www.pof.com.au