Software & ICT.
Software and ICT is one of the world’s fastest moving industries. Kings Patent & Trade Marks Attorneys have extensive experience obtaining protection for software, hardware, and related inventions. Our goal is to enable you to fully exploit your invention and remain competitive in the sector.
Protecting Your Software Patent in Australia
The landscape for Australian software implemented inventions is continually evolving. Lately there have been a number of nuanced decisions from the patent office and courts regarding the eligibility of patent protection in software and other computer-based inventions.
Kings Patent & Trade Marks Attorneys, are abreast of the case law and can advise you appropriately. We can recommend and develop strategies to secure valid intellectual property rights for your software and ICT invention and increase the likelihood of a granted patent.
Our areas of expertise include:
- Programs, operating systems and other software
- Apps for desktop computers, tablets and mobile phones
- Cloud-based computing
- Artificial intelligence
- Software as a Service (SaaS)
- Internet of things (IoT)
- Blockchain
- NFT’s
Generally, a software system that merely implements an abstract idea is not patentable. However, factors such as the computer being integral to the invention (rather than merely a tool), whether a technical problem is solved, particularly outside of the computer, and whether an improvement in the functioning of the computer is provided are all indicators of patentability.
If you would like to understand more about software implemented inventions, book a consultation with our expert attorneys today.
Protecting Your Computer Hardware Patent in Australia
Australia also offers protection for hardware and other physical computing inventions. Hardware that performs a novel, inventive, and useful function is eligible for patent protection.
We can seek registration for computer hardware including:
- Peripherals and devices
- Accessories such as mice and keyboards
- GPS-based systems
- Complete computer systems
- Components
- Networking systems
- Server systems and components
- Memory chips
- Bus architectures
- Processing chips
- Storage hardware
- Monitors and other peripherals
In some cases, the design of your invention may contribute significantly to its recognisability or function. In these instances, a Registered Design may be appropriate. Where there are several types of IP within your invention, we can advise the most suitable protection having regard to your budget and long term goals.
We offer a full suite of intellectual property protection which includes patents, trade marks, designs, circuit layouts, and copyright.
International Software and ICT Patents
Obtaining international patents for software and hardware is a complex matter. Many jurisdictions do not provide specific legislative means to enable patenting of software. In other jurisdictions, software may only be patentable when it is attached to novel hardware.
The patent attorneys at Kings can assist you with filing patent applications overseas through our established network of IP partners.
We tailor our intellectual property strategies to meet your exact needs in the markets you seek to pursue.
The Path to Success
While Australian legislation does not prohibit software and hardware patents, proving the eligibility of your invention to obtain protection can be challenging. Often, overcoming patentability concerns is a matter of drafting your claims using the correct terminology and format. Kings Patent & Trade Marks Attorneys offer the expert advice you need to seek patent protection in the software and ICT spaces. Our comprehensive solutions include drafting, managing, and enforcing all types of intellectual property, both nationally and internationally.
Whether you seek intellectual property protection or an infringement opinion, the attorneys at Kings are here to help.
