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Insights
Intellectual property expertise
Registered IP rights
Patents
Technological innovation is protected by patent rights
Registered designs
Aesthetic and visual features are protected by registered designs
Registered trade marks
Branding is protected by registered trade marks
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Case Studies
News
Events
Company Announcements
Case Study
·
August 14, 2026
Fox Factory: textbook patent execution
A structured analysis of Fox Factory's virtual patent marking page, and what it reveals about the gap between prosecution and product.
Article
·
July 1, 2026
Devs are destroying your patent rights
Open-source licences deep in your dependency tree can quietly undermine your patent rights. Why every npm install is an IP decision, and what to do.
Case Study
·
June 25, 2026
Rockstar IP: don't hate the player
GTA 6 is coming and it's an undeniable milestone that the sector has definitively eclipsed Hollywood commercially.
Article
·
June 1, 2026
Aristocrat 2026: The dust finally settles
The High Court has refused to hear an appeal, ending the Aristocrat litigation. Software patents should now be easier to obtain in Australia, on paper.
Article
·
January 7, 2026
2026 Outlook for software patents in Australia
There are critical developments for the new year that should inform your filing strategy for software patents in Australia.
News
·
November 10, 2025
Fresh international searching options for Australian patent applicants
Europe and Singapore soon to be available as searching authorities for Australian applicants of international patent applications
Events
·
October 13, 2025
Patent drafting masterclass for 13-14 October 2025
Experts from United States, Europe and Australia assembled to explore jurisdiction-specific best practices over two days in Melbourne
Article
·
September 19, 2025
Aristocrat 2025: updates in patenting computer implemented inventions in Australia from the Full Federal Court
The Full Federal Court's Aristocrat 2025 decision liberalised patentability of computer-implemented inventions in Australia, confirmed as final in 2026.
Article
·
September 15, 2025
Product launch checklist: patenting strategy
Launching a new product? A structured approach to deciding whether to patent, keep a trade secret or publish defensively before you go to market.
Case Study
·
September 15, 2025
Meta's frenemies: collaboration vs co-operation in IP strategy
An analysis of Meta's strategic dynamics in relation to its complicated social graph: Apple, Microsoft and Google
Article
·
May 15, 2025
Building a patent portfolio with commercial purpose
A patent portfolio's value lies in controlling the ground competitors need to occupy, not in its size. How to position patents with commercial purpose.
Article
·
January 23, 2025
2025 Patentability of computer-implemented inventions in Australia
How the Australian Patent Office treated computer-implemented inventions through 2024, refusing many as abstract schemes, and what Aristocrat changed.
Article
·
November 6, 2024
Software patenting trends across Australia, United States Europe
A ten-year study found software patent grant rates of 68% in the US, 54% in Australia and 27% in Europe. Why Australia may now move closer to the US.
Article
·
October 16, 2024
IP due diligence shines a bright light on ownership
Ownership is the most neglected part of IP due diligence. Why investors ask whether you own your IP, and why any doubt needs resolving early.
News
·
October 1, 2024
Excess claim fees in Australia from 1 October 2024
Surcharges apply for claims beyond 20 claims as well as official fee adjustments across all services
Article
·
March 1, 2024
Before filing: how founders approach their first patent
How founders decide what to patent, what to keep secret and when to spend, through one electric hydrofoil startup’s first filing ahead of launch and funding.
News
·
November 13, 2023
Support and sufficiency in Australia aligning more with European norms
Like it or not, the Courts have concluded that a restrictive approach to internal grounds of validity is warranted
Article
·
August 1, 2023
Do you actually need a patent as a software startup?
Often not at first. The decision logic for when patenting adds real value to a software startup, and when time and money are better spent elsewhere.
Article
·
September 11, 2022
Investors don't value your IP, they check it
Investors aren't valuing your IP during diligence, they're checking whether it's owned, unencumbered, scoped and usable.
News
·
August 26, 2021
Australian innovation patents to end from 26 August 2021
Australia's innovation patent closed to new filings from 26 August 2021. Existing rights continue through a long sunset over the following eight years.
Article
·
September 16, 2026
IP priorities over the commercial lifecycle
Launch, raise, exit, enforce: each moment asks something different of the same IP, and each answer was mostly settled in the moment before.
Case Study
·
August 14, 2026
Fox Factory: textbook patent execution
A structured analysis of Fox Factory's virtual patent marking page, and what it reveals about the gap between prosecution and product.
Article
·
July 1, 2026
Digital designs: Europe's new registrable asset
From 1 July 2026, EU design law protects animations, digital interfaces and virtual objects, and adds a new right against unauthorised 3D printing.
Article
·
July 1, 2026
Devs are destroying your patent rights
Open-source licences deep in your dependency tree can quietly undermine your patent rights. Why every npm install is an IP decision, and what to do.
Case Study
·
June 25, 2026
Rockstar IP: don't hate the player
GTA 6 is coming and it's an undeniable milestone that the sector has definitively eclipsed Hollywood commercially.
Article
·
June 1, 2026
Aristocrat 2026: The dust finally settles
The High Court has refused to hear an appeal, ending the Aristocrat litigation. Software patents should now be easier to obtain in Australia, on paper.
Article
·
February 1, 2026
Platform power: Modern trade mark enforcement beyond the courtroom
Brand enforcement for consumer products by online takedowns can deliver speed, flexibility and economy
Article
·
January 7, 2026
2026 Outlook for software patents in Australia
There are critical developments for the new year that should inform your filing strategy for software patents in Australia.
News
·
November 10, 2025
Fresh international searching options for Australian patent applicants
Europe and Singapore soon to be available as searching authorities for Australian applicants of international patent applications
Events
·
October 13, 2025
Patent drafting masterclass for 13-14 October 2025
Experts from United States, Europe and Australia assembled to explore jurisdiction-specific best practices over two days in Melbourne
Article
·
October 1, 2025
Building a cross-border brand enforcement strategy: a practical guide for Australian business
A step-by-step framework for enforcing registered trade marks across markets and channels, starting with an audit of the rights you actually hold.
Article
·
September 19, 2025
Aristocrat 2025: updates in patenting computer implemented inventions in Australia from the Full Federal Court
The Full Federal Court's Aristocrat 2025 decision liberalised patentability of computer-implemented inventions in Australia, confirmed as final in 2026.
Article
·
September 15, 2025
Product launch checklist: patenting strategy
Launching a new product? A structured approach to deciding whether to patent, keep a trade secret or publish defensively before you go to market.
Case Study
·
September 15, 2025
Project Nighthawk: scrambling a trade secrets capability
How an Australian defence contractor built a trade secrets program from scratch to protect drone swarm technology where patents were unsuitable.
Case Study
·
September 15, 2025
Meta's frenemies: collaboration vs co-operation in IP strategy
An analysis of Meta's strategic dynamics in relation to its complicated social graph: Apple, Microsoft and Google
Article
·
July 8, 2025
Validity of Australian registered trade marks hinges on suitable ownership
Brand owners should consider carefully what legal entity should own their registered trade marks, as the consequences can be significant
Company announcement
·
May 25, 2025
EUREKA turns five!
EUREKA marks five years since incorporation: a practice started in a spare room, the rise of AI in IP work, and plans for the next five years.
Article
·
May 15, 2025
Building a patent portfolio with commercial purpose
A patent portfolio's value lies in controlling the ground competitors need to occupy, not in its size. How to position patents with commercial purpose.
Article
·
April 8, 2025
Online takedowns require brand owners to own registered trade marks
Brand owners need to recognise the importance of registered trademarks for e-commerce and social media.
Article
·
January 23, 2025
2025 Patentability of computer-implemented inventions in Australia
How the Australian Patent Office treated computer-implemented inventions through 2024, refusing many as abstract schemes, and what Aristocrat changed.
Article
·
November 6, 2024
Software patenting trends across Australia, United States Europe
A ten-year study found software patent grant rates of 68% in the US, 54% in Australia and 27% in Europe. Why Australia may now move closer to the US.
Article
·
October 16, 2024
IP due diligence shines a bright light on ownership
Ownership is the most neglected part of IP due diligence. Why investors ask whether you own your IP, and why any doubt needs resolving early.
Article
·
October 3, 2024
Design registration for digital products and UI in Australia
Australia is (for the moment at least) out of step with other offices, particularly United States and Europe, which permit registration of GUIs
News
·
October 1, 2024
Excess claim fees in Australia from 1 October 2024
Surcharges apply for claims beyond 20 claims as well as official fee adjustments across all services
Article
·
March 1, 2024
Before filing: how founders approach their first patent
How founders decide what to patent, what to keep secret and when to spend, through one electric hydrofoil startup’s first filing ahead of launch and funding.
News
·
March 1, 2024
Australia adopts Madrid Goods and Services Classification from March 2024
From March 2024, new Australian trade mark applications use the Madrid Goods and Services list, harmonising specifications with major trading partners.
News
·
November 13, 2023
Support and sufficiency in Australia aligning more with European norms
Like it or not, the Courts have concluded that a restrictive approach to internal grounds of validity is warranted
Events
·
September 11, 2023
EUREKA sponsors Top Tech Trends Debate 2023
EUREKA sponsored the Churchill Club's Top Tech Trends Debate 2023 at Melbourne Connect, with a spirited panel pitching the next big thing in tech.
Article
·
August 1, 2023
Do you actually need a patent as a software startup?
Often not at first. The decision logic for when patenting adds real value to a software startup, and when time and money are better spent elsewhere.
Article
·
September 14, 2022
Litigation positions are built years before they are flexed
Enforcement value comes from accumulated rights that make competing expensive, rather than from any single patent tested in isolation.
Article
·
September 14, 2022
Exit value follows IP clarity
Trade sale, private equity, IPO or succession: every buyer values IP differently, and all of them pay only for rights that can be handed over cleanly.
Article
·
September 11, 2022
Investors don't value your IP, they check it
Investors aren't valuing your IP during diligence, they're checking whether it's owned, unencumbered, scoped and usable.
News
·
March 10, 2022
Grace period of 12 months from 10 March 2022 for Australian registered designs
A grace period of 12 months before the priority date covers eligible disclosures made by the designer or design owner, save publication of an overseas design registration
Article
·
October 17, 2021
Australia's right-of-repair spare parts defence for registered designs
Anyone can sell copies of registered spare parts for repairs in Australia, but not for cosmetic upgrades. How the s72 defence works for owners and sellers.
News
·
August 26, 2021
Australian innovation patents to end from 26 August 2021
Australia's innovation patent closed to new filings from 26 August 2021. Existing rights continue through a long sunset over the following eight years.
Company announcement
·
May 5, 2020
Hello world
EUREKA is underway: the company is formed and client work begins, with a focus on software, startups and IP strategy beyond traditional patent firms.
Case Study
·
August 14, 2026
Fox Factory: textbook patent execution
A structured analysis of Fox Factory's virtual patent marking page, and what it reveals about the gap between prosecution and product.
Case Study
·
June 25, 2026
Rockstar IP: don't hate the player
GTA 6 is coming and it's an undeniable milestone that the sector has definitively eclipsed Hollywood commercially.
Case Study
·
September 15, 2025
Project Nighthawk: scrambling a trade secrets capability
How an Australian defence contractor built a trade secrets program from scratch to protect drone swarm technology where patents were unsuitable.
Case Study
·
September 15, 2025
Meta's frenemies: collaboration vs co-operation in IP strategy
An analysis of Meta's strategic dynamics in relation to its complicated social graph: Apple, Microsoft and Google
Case Study
·
August 14, 2026
Fox Factory: textbook patent execution
A structured analysis of Fox Factory's virtual patent marking page, and what it reveals about the gap between prosecution and product.
Article
·
July 1, 2026
Devs are destroying your patent rights
Open-source licences deep in your dependency tree can quietly undermine your patent rights. Why every npm install is an IP decision, and what to do.
Case Study
·
June 25, 2026
Rockstar IP: don't hate the player
GTA 6 is coming and it's an undeniable milestone that the sector has definitively eclipsed Hollywood commercially.
Article
·
June 1, 2026
Aristocrat 2026: The dust finally settles
The High Court has refused to hear an appeal, ending the Aristocrat litigation. Software patents should now be easier to obtain in Australia, on paper.
Article
·
January 7, 2026
2026 Outlook for software patents in Australia
There are critical developments for the new year that should inform your filing strategy for software patents in Australia.
News
·
November 10, 2025
Fresh international searching options for Australian patent applicants
Europe and Singapore soon to be available as searching authorities for Australian applicants of international patent applications
Events
·
October 13, 2025
Patent drafting masterclass for 13-14 October 2025
Experts from United States, Europe and Australia assembled to explore jurisdiction-specific best practices over two days in Melbourne
Article
·
September 19, 2025
Aristocrat 2025: updates in patenting computer implemented inventions in Australia from the Full Federal Court
The Full Federal Court's Aristocrat 2025 decision liberalised patentability of computer-implemented inventions in Australia, confirmed as final in 2026.
Article
·
September 15, 2025
Product launch checklist: patenting strategy
Launching a new product? A structured approach to deciding whether to patent, keep a trade secret or publish defensively before you go to market.
Case Study
·
September 15, 2025
Meta's frenemies: collaboration vs co-operation in IP strategy
An analysis of Meta's strategic dynamics in relation to its complicated social graph: Apple, Microsoft and Google
Article
·
May 15, 2025
Building a patent portfolio with commercial purpose
A patent portfolio's value lies in controlling the ground competitors need to occupy, not in its size. How to position patents with commercial purpose.
Article
·
January 23, 2025
2025 Patentability of computer-implemented inventions in Australia
How the Australian Patent Office treated computer-implemented inventions through 2024, refusing many as abstract schemes, and what Aristocrat changed.
Article
·
November 6, 2024
Software patenting trends across Australia, United States Europe
A ten-year study found software patent grant rates of 68% in the US, 54% in Australia and 27% in Europe. Why Australia may now move closer to the US.
Article
·
October 16, 2024
IP due diligence shines a bright light on ownership
Ownership is the most neglected part of IP due diligence. Why investors ask whether you own your IP, and why any doubt needs resolving early.
News
·
October 1, 2024
Excess claim fees in Australia from 1 October 2024
Surcharges apply for claims beyond 20 claims as well as official fee adjustments across all services
Article
·
March 1, 2024
Before filing: how founders approach their first patent
How founders decide what to patent, what to keep secret and when to spend, through one electric hydrofoil startup’s first filing ahead of launch and funding.
News
·
November 13, 2023
Support and sufficiency in Australia aligning more with European norms
Like it or not, the Courts have concluded that a restrictive approach to internal grounds of validity is warranted
Article
·
August 1, 2023
Do you actually need a patent as a software startup?
Often not at first. The decision logic for when patenting adds real value to a software startup, and when time and money are better spent elsewhere.
Article
·
September 11, 2022
Investors don't value your IP, they check it
Investors aren't valuing your IP during diligence, they're checking whether it's owned, unencumbered, scoped and usable.
News
·
August 26, 2021
Australian innovation patents to end from 26 August 2021
Australia's innovation patent closed to new filings from 26 August 2021. Existing rights continue through a long sunset over the following eight years.
Events
·
October 13, 2025
Patent drafting masterclass for 13-14 October 2025
Experts from United States, Europe and Australia assembled to explore jurisdiction-specific best practices over two days in Melbourne
Events
·
September 11, 2023
EUREKA sponsors Top Tech Trends Debate 2023
EUREKA sponsored the Churchill Club's Top Tech Trends Debate 2023 at Melbourne Connect, with a spirited panel pitching the next big thing in tech.
Company announcement
·
May 25, 2025
EUREKA turns five!
EUREKA marks five years since incorporation: a practice started in a spare room, the rise of AI in IP work, and plans for the next five years.
Company announcement
·
May 5, 2020
Hello world
EUREKA is underway: the company is formed and client work begins, with a focus on software, startups and IP strategy beyond traditional patent firms.
Advisory services
Software patents
Software patents require a particular skill set
Startup IP strategy
Strategic insight and execution are essential
Portfolio building
A robust vision and strategy provides direction
Client outcomes
Commercial launch IP
Protection decided before you launch
Venture-ready IP
A position your next round can stand on
Exit-worthy IP
Portfolios that shine under diligence
Litigation-grade IP
Strength that settles disputes cleanly
Case studies
Project Nighthawk: scrambling a trade secrets capability
View Case Study
Meta's frenemies: collaboration vs co-operation in IP strategy
View Case Study
Overseas associates
Overseas associates
Overseas associate hub
Australian patent application procedure
Australian design application procedure
Australian trade mark application procedure
Practice news
Support and sufficiency in Australia aligning more with European norms
Excess claim fees in Australia from 1 October 2024
Grace period of 12 months from 10 March 2022 for Australian registered designs
Validity of Australian registered trade marks hinges on suitable ownership
Automotive
About
Where we work
Ballarat
PO Box 1858, Bakery Hill VIC 3354, Australia
Melbourne
The Commons, 55 Collins Street, Melbourne VIC 3000, Australia
Sydney
The Commons, 39 Martin Place, Sydney NSW 2000, Australia
Brisbane
Hub Australia, 200 Adelaide Street, Brisbane QLD 4000, Australia
Who we work for
Startups
The right advice at the right time
Corporate
Solutions that scale with you
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Managing IP at scale
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Freedom to be clear and responsive
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Established to deliver big-firm quality with bespoke execution
Corporate
Boutique scale, big-picture thinking
Company announcements
EUREKA turns five!
Hello world
Insights
Ideas, research and perspectives on intellectual property
Patents
·
Designs
·
Trade marks
Registered IP rights are the core of our business
Software patents
Navigating computer-implemented inventions
Startup IP strategy
Making the right decisions upfront
Portfolio building
Engineer your portfolio strategically
Automotive
Motorsport to marine, we share your enthusiasm
Overseas associates
Procedural details and substantive requirements
About
Who we are and our approach
Contact
Tell us what you’re building and we can advise
Software patenting trends across Australia, United States Europe
Article
Contact
Automotive
is pure passion
Fox Factory: textbook patent execution
Case Study
Automotive IP
Article
·
October 17, 2021
Australia's right-of-repair spare parts defence for registered designs
Anyone can sell copies of registered spare parts for repairs in Australia, but not for cosmetic upgrades. How the s72 defence works for owners and sellers.
AUTOMOTIVE IP FAQ
Automotive questions, answered with clarity
Should I claim the software, the hardware it controls, or both?
Usually both, as an integrated system. Claims to the whole vehicle or control modules is most supportive of patent eligibility. The right mix of claims depends on who is most likely to copy you: a competing manufacturer, a parts supplier or an aftermarket software provider.
Can software in a vehicle be patented in Australia?
Yes. Australian law asks whether an invention is a "manner of manufacture". Software that changes how a vehicle, vessel or device physically behaves is usually on firmer ground than software that automates a business process on a generic computer. Traction control that adjusts torque delivery, a sway-control system for a towed caravan, or firmware that runs a motor controller more efficiently are the kinds of inventions that are patent eligible in Australia and major jurisdictions.
Can I register a design for a dashboard display or companion app interface?
A screen display can be registered as a design when it is shown as part of a physical product, such as a vehicle display unit, rather than as a standalone interface. The US grants design patents for graphical user interfaces shown on a display, and the EU now expressly protects designs for non-physical products, including interfaces. The framework in Australia is not yet settled, but expected and applicants are filing accordingly.
How does Australia's spare parts defence affect my design registrations?
Australia's Designs Act includes a defence for using a registered design on a component part to repair a complex product, such as a vehicle, so that its overall appearance is restored. A registered design for a body panel or light housing may therefore not stop replacement parts sold for genuine repair. The defence doesn't extend to parts used to change or upgrade a vehicle's appearance, and it doesn't cover standalone accessories. If the defence is raised, the design owner must show the other party knew, or ought reasonably to have known, that the use wasn't for repair. For manufacturers, this shapes which parts are worth registering and how enforcement is approached.
Do I need licences for the connectivity standards built into my vehicle?
Cellular connectivity such as 4G and 5G is covered by standard-essential patents, which their owners have committed to license on fair, reasonable and non-discriminatory (FRAND) terms. In the automotive sector, many of these are licensed at the vehicle level through patent pools. Other standards, such as Wi-Fi and Bluetooth, have their own arrangements, ranging from royalty-bearing licensing programmes to royalty-free membership schemes. Whether you need a licence, and who in your supply chain carries it, depends on the components you use and how your supply contracts allocate the obligation.
How do I protect a feature that runs across the vehicle, a phone app and the cloud?
Connected features are often split across a vehicle, a rider's phone and a remote server, each operated by a different party. This is where skill comes to the fore in preparing patent claims that can be meaningfully enforced against your actual competitor (rather than their customers or suppliers of enabling technology).
Should I patent our vehicle firmware or keep it as a trade secret?
This depends upon on how visible the technology is, and how easily reverse engineered or independently invented the technology is. If a competitor can buy your product, read the firmware or observe its behaviour and work out how it's done, secrecy offers little protection and a patent is usually the better tool. If the value sits in something that stays hidden, such as calibration data, tuning parameters or server-side logic, confidentiality can last indefinitely at lower cost. The calculus of patent versus trade secret can be quite involved but is ultimately a commercial decision. Many businesses use a balance of patent and trade secrets.
Does vehicular electronics expose us to patents from outside the automotive industry?
This is certainly a possibility. As vehicles add connectivity, displays, sensors and apps, they move into territory long occupied by telecommunications, consumer electronics and software companies with large patent portfolios. Some of those owners actively license into the vehicle sector. That doesn't mean every feature carries risk. It does mean freedom-to-operate searching should look beyond traditional vehicle patents. A targeted search before launch, focused on the features you're adding and the markets you're selling into, is proportionate for most business.
How do over-the-air updates and connected features affect patent strategy?
Two things change. First, the product keeps evolving after sale. Claims should capture the underlying function rather than one version of the code, or a routine update can step around them. Second, every update you publish is a disclosure. Release notes, app store listings and owner forum posts can all become prior art against your own later filings. Australia and the US give inventors a 12-month grace period for their own disclosures, but Europe and many other jurisdictions do not, so the safest habit is to file before a feature is announced. A release checklist that asks "is anything here new?" goes a long way.
Who owns the IP when we work with a manufacturer, supplier or contract engineer?
Without a written agreement, the answer may surprise you. In Australia, a contractor or consultant generally owns the inventions they create, even if you paid for the work, and the work was very much embedded within your existing projects. This can catch companies out, underscoring the need for written engagements that cover IP, even when the work is fairly mundane. It might just yield valuable inventions. A robust agreement separates what IP each party brings to the collaboration, cleanly demarcated from IP that is co-created together, deals with improvements, and settles who can file patents and, and who owns the rights, and any other terms you may agree.
Is design registration worth it for vehicles and accessories with short model cycles?
Yes. Design registration is relatively quick and inexpensive, and in Australia a design is registered without upfront substantive examination. By comparison, many fashion designers find it worthwhile registering their designs, which are more in number and are often only current for a season. Protection lasts up to ten years, which comfortably outlives most model cycles. That makes designs well suited to bodywork, hulls, caravan exteriors, fittings and accessories where visual appearance is part of the appeal.
If AI tools helped develop our product, can we still patent it?
Yes. Patent Offices and the courts in many countries including Australia are taking the view the that inventors are named as natural persons, but AI tooling is used to generate options, run simulations or write code. And none of this prevents a patent being validly filed and issued.
