Dyson, the UK-based designer of the iconic cyclonic vacuum
cleaner and AirbladeTM hand dryer, has been successfully
using Australia's innovation patent system as a key part of its
global strategy for protecting its latest design revolution, the
Air MultiplierTM bladeless fan.
Over the past 18 years, Dyson has earned an international
reputation for engineering and design innovation and excellence. To
protect its innovations, Dyson has invested significant resources
in protecting the valuable intellectual property
(IP) relating to each new product. In recent
months, Dyson's IP has allowed it to shut down trade in copies
of its Air MultiplierTM bladeless fans.
Australia's innovation patents
The Australian innovation patent system offers unique advantages
over the patent systems in other countries. An innovation patent
can be examined and certified by the Australian Patent Office, and
ready for enforcement within two or three months from the time an
application is filed. Compare this to the years that it can take to
obtain an enforceable standard patent in Australia and in many of
the G8 nations. Such a timing advantage is particularly useful when
copycat products are hitting the market within a matter of months
Innovation patents also offer a tougher obstacle to infringers,
as protection can be obtained for an "innovation", rather
than an "invention". That is, provided the claimed
subject matter is novel and makes a real or substantial
contribution to the art, a valid innovation patent can be obtained.
As a result, it is often possible to obtain far broader protection
than would be available in other countries.
Dyson has always employed an effective strategy of seeking to
collectively and individually protect each key innovative aspect of
every product it develops, using the full spectrum of IP rights,
including patents, registered designs, trade marks and copyright.
The inclusion of Australian innovation patents in Dyson's IP
arsenal has made it even harder for would-be infringers to escape
To date, since the launch of its AirMultiplierTM
bladeless fans, Dyson has relied strongly on its family of
fan-related innovation patents to take action against a large
number of infringers in Australia. Many of those infringers have
had to deliver up the infringing products for destruction, and have
had to pay Dyson compensation. In all cases, Dyson has secured
undertakings from the infringers preventing the future importation
and sale of infringing fans. Dyson has also obtained valuable
information about the source of the infringing fans, which has
enabled it to take further enforcement action in countries across
Dyson's significant investment in IP has therefore proved to
be a wise investment.
For further inforamtion please contact
CarolineBommer@ShelstonIP.com or RebekahGay@ShelstonIP.com
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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