Intellectual Property Management

The identification and protection of IP is an integral part of successful commercialisation.

Intellectual property (IP) can be difficult to understand; we help QUT researchers to understand what rights you have to your their specific situation and how to manage it.

If your innovation or idea is commercially ready, we help you conduct an IP due diligence and aid to file a patent application for you. We take a strategic approach to filing patent applications which includes:

  • Considering the commercial potential
  • Examining market need for an innovation
  • Investigating  patentability
  • Preliminary discussions with corporate representatives often under confidentiality
  • Engaging  external Patent and Trademark Attorney to perform Prior Art Searches and Patentability Opinions Contributor and Inventorship Determination, and/or Freedom-to-Operate Opinions

Protecting intellectual property may assist in marketing the innovation to corporate or non-profit entities that may further invest in the development, manufacture, and distribution of the innovation. For example a patent may encourage commercialisation of an innovation by providing the licensees with an exclusive period of ownership rights of the innovation (e.g., 20 years from the date of filing). QUT researchers may benefit from patenting by demonstrating that their work is innovative, returning commercialisation revenue to researchers and their departments/institutes, increasing the impact of your research through successfully transferring innovations to the real world.

Think of IP as a fence that will keep others out of your area of business activity. Some companies will not license an innovation or manufacture a product that does not offer them some kind of exclusivity, so it is important to understand the implications IP has.

If you have a specific question about your IP contact us.

To find out more about IP in general visit IP Australia or see below for frequently asked questions about IP, patents, trademarks and copyright.

What is IP?

Intellectual property (IP) is a creation of the mind that may be legally protected and may be considered a valuable intangible asset. Patented innovations, trademarks, registered designs and copyright are examples of IP assets protected through intellectual property rights.

Intellectual property rights are a legal monopoly and can be dealt with just like chattels or real property. You can sell it (“assign”), license it (rent it out), leave it in your will, exclude others from it, share ownership, put it on the balance sheet or sell as a business asset (intangibles).

What is a Patent?

A patent granted in Australia is only effective in Australia. A patent is a legal contract between the government and the owner that provides “the right to exclude others from making, using, offering for sale, or selling” the invention in a country/region or “importing” the invention into a country/region. Patents may be granted over novel, useful and non-obvious innovations by the government’s patent office..

What is a Trademark?

A trademark is used to distinguish the unique product or service of one trader from another, which is enforceable under IP law and can be a valuable marketing tool. A trade mark can be a distinctive letter, number, word, phrase, sound, smell, shape, logo, picture, aspect of packaging or any combination of these.

You do not need to register your trade mark to use it, the symbol TM can be used with a trade mark at any time. However registration can give you a stronger Intellectual Property position which can be sold, and allows you to stop other people from using your trade mark on the same or similar goods or services.

What is Copyright?

Copyright is automatic international protection for certain original works for the life of the author plus 50-100 years (depending on jurisdiction), no need to register (however there are exceptions. The “works” can include literary, artistic, musical, sound recordings, dramatic, broadcasts. A copyright owner has the exclusive right to copy, reproduce, distribute, display, perform, and create derivative works, and the right to license some or all of those rights to others.