Vape Pen Intellectual Property Application is Growing Fast

Matthew Rimmer, QUT Professor of Intellectual Property and Innovation recently points that the vape pen and related intellectual property application is growing fast. This indicates the vape companies investment and speculation in new technology is very high in recent years.

Professor Rimmer submits an inquiry on vaping and reducing rates of vape pen use in Queensland to the Queensland Government.

It addressed the inquiry’s request for comment on “jurisdiction analysis of other e-cigarette use inquiries, legislative frameworks, policies and preventative activities”.

According to Professor Rimmer, big tobacco and vape pen companies are seeking to develop patents, trademarks and other forms of intellectual property in this field.

“Some jurisdictions such as India have been reluctant to grant intellectual property rights in this area because of concerns that e-cigarettes lack utility and social benefits.”

Matthew Rimmer
Creator: Erika Fish Copyright: Copyright QUT

Professor Rimmer’s submission supports the Australian Government’s proposals for new regulations. The regulations include: 

• border controls on non-prescription vapes;
• minimum quality standards for vapes;
• restrictions on flavours, colours, and other ingredients;
• pharmaceutical-like plain packaging;
• reduction of nicotine concentrations and volumes;
• and a ban on all single use, disposable vapes, with heightened enforcement.

Vape pen containing nicotine are illegal in Queensland, unless on prescription. And this is being enforced now.

Recently, a convenience store was ordered to pay $35,000 plus court costs for possessing and selling nicotine-containing vapes.

Professor Rimmer also emphasizes that Australian policymakers should note the massive litigation in the United States’ courts against vape companies.

These litigation are suing by the states, school districts, Indigenous communities, and others. Moreover, these litigation have resulted in billions of dollars in settlements.

“US litigation has extensively documented the adverse impacts of e-cigarettes upon consumer rights, public health, education, children’s rights, and Indigenous rights,” said by Professor Rimmer.

In addition, he also points that the Australian policymakers ought to take note of further legislative moves by the US governmental apartments. Including the Biden Administration and the US Congress, the US Food and Drug Administration and the Federal Trade Commission.

The threshold of the vape pen industry are increasing to a considerable level with the increase of intellectual property applications.

Many countries and regions have introduced the vapes and related policies. The industry has been standardized and guided from the aspects of quality safety, technological innovation, and market supervision.

The threshold of the vape pen industry are increasing to a considerable level.

Many small and medium-sized vape brands that lack core technologies have gradually retired under multiple rounds of policy adjustments.

Industry head enterprises are also continuously promoting industrial upgrading through technological innovation.

Therefore, the industry’s emphasis on intellectual property applications are improving continuously.

Among them, these head brand vape companies especially value the appearance design patent. Because it is an important support system for breaking the homogeneity of products.

Intellectual property protection is an important support system for promoting industry innovation and development. It will play a more positive and important role in the future.

At present, the vape pen industry is in the critical period of compliance development and transformation. Vape manufacturers are building their respective competition barriers from various dimensions.

Therefore, the appearance design patent, as an important breakthrough direction to break the homogeneity of product homogeneity, will also gradually be valued by those vape pen brands.

It is believed that these vape brands with outstanding design capabilities will continue to maintain its design patent weight. The vape pen intellectual property rights competition will become more and more obvious in the future.