Australian Competitions Club

http://www.abc.net.au/tv/newinventors/brightspark/brightspark_app.htm

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The Young Inventors' Bright Spark Award

Are you a budding inventor? The next Thomas Edison or an innovative Isaac Newton? Could you be the creator of the best thing since sliced bread? If you are and you have a working prototype of your invention, then we want to know.

Please provide below one paragraph about yourself and your inspiration for your invention. NB:For the reasons discussed in the Information Sheet, please do not provide any information about how your invention/product actually works.

No further details about prizes or T&Cs available - maybe it's just fame and glory!...

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Inventors/Participant Application Fact Sheet

You are about to apply to participate in the ABC television show, "The New Inventors". If you are selected and go on to participate in the Show, this could have significant consequences for you and you need to consider these possible consequences.

Below is some general information about some of the important issues you need to be aware of when deciding whether to apply to participate in the "The New Inventors". However, the law relating to these issues is complex and the information provided below is provided in good faith for your general information only; this information is not to be considered as a substitute for independent legal advice specific to your situation.

If selected for the program, inventors may be required by the ABC to provide supporting documentation in relation to any factual information relevant to the invention.
1. Intellectual Property

Returning this application means that you are about to "go public" with your invention. This could seriously impact upon your intellectual property rights in your invention. Protecting your intellectual property rights may be very important to your ability to sell or make money from your invention.

(a) What is intellectual property?

Essentially, intellectual property is your idea or your work. Some common mechanisms for protecting intellectual property include copyright, patents and trademarks. Laws that provide protection of intellectual property rights can provide important protection for you (eg. to prevent other people from copying your idea or your work).

In many cases you must take formal steps to register your intellectual property rights if you want to prevent other people from copying and using your idea or your work. Usually, registering your rights in Australia does not automatically provide protection in other countries; your rights must be registered in each country.

(b) Patents

For most inventions, the most important mechanism for protecting an inventor's intellectual property rights will be to obtain a patent.

Essentially, a patent protects the underlying inventive concept and records how an invention works (and therefore the idea which underlies the invention). In exchange for allowing the public to read the patent and learn how the invention works, the person who owns the patent has the exclusive right to produce, use and sell the invention as defined by the inventive concept for the life of the patent. In Australia, the life of a patent is up to 20 years (depending on the specific type of patent).

A patent can only be granted if the invention is "new", i.e. how the invention works is not already public knowledge. This means that if you explain your invention in public before you take steps to register your patent, you will not be able to obtain a valid patent in many countries. It is also possible that selling your invention, or even demonstrating it in public, before taking steps to register your patent could result in you then being unable to obtain a valid patent in many countries. Even at this application stage, you should not discuss how your patent works.

You may also have made improvements to your invention that are not protected by your existing patent application. Disclosing these improvements may mean you are unable to obtain additional patent protection for those improvements.

The way your invention is actually working may be different to your original patent application. You need to have a patent attorney check the current working of your invention against your provisional application as it may be necessary to file further patent application(s) to ensure you are fully protected.

(c) Designs

A design consists of the features of shape, configuration, pattern or ornamentation as applied to an article, as viewed by the eye. This means that designs relate only to how an article looks (not how the article works).

A design can be registered. Once registered, the owner of the design has the exclusive right to produce, use or sell the design until the registration expires. Registration of a design can continue for up to 16 years.

(d) Plant breeder's rights

If you are responsible for creating a new variety of plant, you can register the new plant variety. Registration entitles you to plant breeder's rights. Depending upon the type of plant, registration can continue for up to 25 years. The registered owner of a plant variety has the exclusive right to produce, use and sell that variety of plant or its reproductive material.

(e) Trade Marks

A trade mark is a distinctive symbol which, when used in relation to goods or services, identifies the person responsible for the goods or services. You don't have to register a trademark to use it, but registration gives you the exclusive right to use, license or sell it within Australia for the goods and services for which it is registered.

One resource with further information regarding intellectual property rights can be found on the internet at http://www.ipaustralia.gov.au. Specialist intellectual property lawyers can provide you with legal and patent advice.