CloseWhat is intellectual property (IP)?
2 MINUTE READ
You will create subject matter, methods and tools as part of your research. Understand which elements can represent valuable intellectual property (IP).
Intellectual property describes intangible creations of the mind that may be legally owned and protected. IP includes:
- inventions and patents
- designs and trade marks
- literary and artistic works
- processes and formulae
- copyright and lab notebooks
- music and film databases
- software
- teaching materials.
IP is not the same as knowledge and discoveries, but it can be difficult to tell the difference:
- A discovery reveals and describes the natural world – for example, the sequence of a gene, or an observation of how a child acquires knowledge.
- IP describes new creations that make use of a discovery – for example, a test for a genetic disorder, or a tool to assess how well a child is learning.
The tipping point from discovery to creation of IP is not always clear, and not all IP can be commercialised or used for social good.
Examples of IP
Examples of IP
As a University researcher, you may have participated in the creation of IP.
The types of IP you create, and ownership of the IP, depend on your role at the University. How each type of IP can be protected can also be different.
For example, patents can be used to protect IP like:
- processes
- machines
- compositions of matter
- articles
- some computer programs.
Methods that can be patented include:
- methods of making compositions
- methods of making articles
- methods of performing business.
Software
Most software cannot be patented but is protected by copyright, and often the source code is kept as a trade secret. Specific legal rights are available for the IP contained in an integrated electronic circuit (chip) design.
Drug targets
Molecules that could be manipulated by drugs to treat disease are usually not patentable but can become valuable IP with further development. Medical diagnostic methods are usually not patentable in the USA, but are patentable in Australia.
Tools
Research tools you have created in your lab might be beneficial to other researchers and represent valuable IP. There may be the potential for significant impact, especially in the life sciences. These tools might include materials such as:
- antibodies
- vectors
- plasmids
- cell lines
- mice
- other materials used in the research process.
Teaching materials
Teaching materials you have created as part of your work for the University might contain valuable IP. These materials can include:
- lecture notes you share with students
- computer-generated presentations
- course guides
- overhead projector notes
- examination scripts
- examination marking guides
- course databases
- websites and multimedia-based courseware.
To find out if your ideas represent IP, and if it can be further developed, talk to your Business Development team member.
Who is a creator?
Who is a creator?
The University IP policy defines who a creator of intellectual property is:
‘Creator means any member of staff, students, honorary appointees or visitors who create any intellectual property whether or not in conjunction with other persons.’
The term inventor has a particular meaning in patent law, and the definition of creator used here is broader than the usual meaning of inventor.
What’s next?
Find out more about managing, disclosing and protecting your IP to get the greatest impact from your research.
Talk to us
Talk to us
General questions
If you have a general question or don’t know who to talk to, get in touch with us and we’ll point you in the right direction.
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Find a contact
Our local Business Development team members and central IP and Tech Transfer services team are here to help.
Business Development team
IP & Tech Transfer Services team