ClosePatents
3 MINUTE READ
Patents are a common way of protecting intellectual property (IP) created by University researchers. A range of subject matter can be patented – but not all creations can be.
A patent gives the holder the right to exclude others from making, using, selling, offering to sell, and importing the patented IP.
A patent does not mean the holder has any affirmative right to practice a technology, since it may fall under a broader patent owned by others. Instead, it provides the right to exclude others from practicing the IP.
Patent attorneys draft patent claims. These are numbered paragraphs that give the legal definition of the creator’s IP to be protected.
What types of subject matter can be patented?
What types of subject matter can be patented?
You can patent subject matter including:
- processes
- machines
- compositions of matter
- articles
- some computer programs
- methods - methods of making compositions, methods of making articles, and even methods of performing business.
Generally, you cannot patent a naturally occurring substance.
You may be able to patent a non-natural variation of a naturally occurring substance if you demonstrate modifications that offer significant advantages of using the variant.
You cannot patent most software. The most common method to protect software IP is to keep the source code as a trade secret. This is not possible with open-source software.
Patenting software
Patenting software
As the section on copyright explains, copyright law treats computer software as a literary work, and so it’s protected by copyright.
Under copyright law, the author of the source code is the creator of the software. Sometimes computer programs can also be protected by patents. There is no agreed legal definition of a software patent.
The situation in Australia is complex. Australia allows software patents in principle. But while some are accepted, others are rejected.
Talk to your Business Development team member about your options for protecting software creations.
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Our local Business Development team members and central IP and Tech Transfer services team are here to help.
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