NSW Patent Protection Under Intellectual Property Law?

Discussion in 'Intellectual Property Law Forum' started by greg478, 26 September 2018.

  1. greg478

    greg478 Active Member

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    Hi there.

    We are a young company (still learning). I've been manufacturing a BBQ like product for the past 5 years. We had a new design concept where we can make our product more wind protected by changing the design of the outer shell (18 Month Project). We made moulds with a factory in china in May last year, and completed an Australian Testing to pass the AS2658 gas compliance for portable devices in December.

    We just finished our first production and are hitting the market on October 10th. The factory where we are getting them made took 9 months too long to produce these BBQ's, so we sourced another factory to manufacture our next order.

    Today we received a message for our current old factory who advised they are going to take our design and sell it to other Australian Customers. They are getting Australian gas certification now.

    They refunded our mould fees in our last order as they would't part with our great design.

    I understand business is business and they can service other customers in Australia.

    But what is the best way to protect my design? I have already started a patient application.

    But I am wondering what leg do I have to stand on under Intellectual Property Law if they bring my design into Australia once my patent is approved? Can I stop them from selling them in the Australian Market and should I be more specific in my patient application?

    Your assistance wold be appreciated.

    Thanks
     
  2. EAGLEGATE Lawyers

    LawTap Verified

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