Patents turn a moment of inspiration into lasting exclusive advantage

FIRST PRINCIPLES

Patents are a business decision

Before any legal decisions, patents are a business decision. Objectives, strategy and outcomes must be considered. Start with the business, rather than the technical innovation. Are you protecting a new product before launch, or preparing for investment?
Protection decided before you launch
Commercial launch IP
Commercial launch IP
Pre-disclosure strategy, freedom-to-operate, and a filing approach that survives technical diligence later.
A position your next round can stand on
Venture-ready IP
Venture-ready IP
A venture-ready audit that makes "patents pending" into a position an investor's counsel can verify.
Portfolios that shine under diligence
Exit-worthy IP
Exit-worthy IP
Diligence that interrogates ownership and validity, not just the paperwork most data rooms accept.
Rights built to hold under contest
Litigation-grade IP
Litigation-grade IP
Coordinated enforcement across patents, designs and trade marks that is proportionate and quick.
our approach

We surface your technological innovation in a form that translates to robust patent rights
‍

1 week
Discovery Audit
We start with a deep-dive into your technology, objectives and strategy. We recommend best options with projected procedures and costings.  
1-2 weeks
Invention Brief
We work with you and your technical personnel to develop an Invention Brief focused on your foundational technical innovation.
3 weeks
Patent Preparation
We prepare patent claims, supporting description and drawings relating to your Invention Brief.
4 weeks
Post-Filing Searching
We file the appropriate patent applications and, if elected, commission patent searching.
PATENT FAQ
Patent questions, answered with clarity
Do I need to file my patent application before publishing or launching?
How do I file a patent overseas?
What can actually be patented in Australia?
How long does the Australian patent process actually take?
What does patent protection actually give me commercially?
How much should I budget to obtain and maintain an Australian patent?
Can a competitor design around my patent?
Can I leverage my patent portfolio offensively, and what does that mean in practice?
Does Australia have a grace period against self-publication?
Are software inventions patentable in Australia?
How many claims are allowed in Australia?
Is there an appeals process within the Patent Office?
What is the prosecution window in Australia?
Is there a utility model system in Australia?
Patent INSIGHTS

Ideas, research and perspectives

View all insights
Status mountain bike positioned in a forest setting with Fox suspension forks
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.
View of a lone man on stage addressing a crowd at a conference
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.
GTA 6 released game play image of an open air gym on the beach
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.
A mountainscape with vivid layering of sunset colours
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.
A detail of an curved wooden staircase in a modern building
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.
A night scene of the Siegestor in Munich
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
A computer workstation with a curved screen in a dark room
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
Illuminated poker machines arranged in a row with shallow depth of field
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.
A NASA Challenger rocket launch with plumes of exhaust
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.
A 3D Facebook logo poised on a white surface and black backdrop
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
Well-preserved ruins on a castle sitting in an extensive moat in bright sunlight
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.
Two men talking on stage at a technology conference
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.
A IDE displaying computer code in a vivid theme
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.
A modern office featuring a row of desktops and navy walls
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.
A road sign displaying a speed limit of 20 against a forest backdrop
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.
A femail worked in hi-viz clothing beside a vehicle in an underground mine
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
Golden Gate in San Francisco covered in fog
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.
Vivid harbourside motorway at night in New York
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.
A silhouette of foilage against a vivid orange-red sunset
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.
Laptop computer showing graphical dashboard on a home office desk
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.
Status mountain bike positioned in a forest setting with Fox suspension forks
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.
A 3D printer completing a bright yellow vase
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.
View of a lone man on stage addressing a crowd at a conference
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.
GTA 6 released game play image of an open air gym on the beach
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.
A mountainscape with vivid layering of sunset colours
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.
A facade of an Amazon facility focussing on the logo adorning the building
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
A detail of an curved wooden staircase in a modern building
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.
A night scene of the Siegestor in Munich
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
A computer workstation with a curved screen in a dark room
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
Two docked container ships at night in a lit harbour scene
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.
Illuminated poker machines arranged in a row with shallow depth of field
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.
A NASA Challenger rocket launch with plumes of exhaust
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.
A mass of birds against an orange sky
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.
A 3D Facebook logo poised on a white surface and black backdrop
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
A medieval building in Europe nestled on the side of undulating mountainous terrain
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
Three chocolate cupcakes stacked in a pile with cocoa being sifted over the top
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.
Well-preserved ruins on a castle sitting in an extensive moat in bright sunlight
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.
A computer screen displaying a webpage for Amazon Brand Registry
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.
Two men talking on stage at a technology conference
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.
A IDE displaying computer code in a vivid theme
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.
A modern office featuring a row of desktops and navy walls
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.
An image of the user interface of a Tesla electric vehicle
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
A road sign displaying a speed limit of 20 against a forest backdrop
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.
An extensive library of many shelves of old leatherbound books with a ladder
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.
A femail worked in hi-viz clothing beside a vehicle in an underground mine
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
Vibrant business event panel discussion moderated by MC
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.
Golden Gate in San Francisco covered in fog
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.
Stunning architectural staircase in modern abstract building
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.
Turneresque seascape painting with dramatic sunset reflecting on the water
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.
Vivid harbourside motorway at night in New York
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.
A close up image of a fuschia umbrella held by a womans hand against a drab rainy cityscape
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
Dramatic image of a bright green HSV Maloo ute
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.
A silhouette of foilage against a vivid orange-red sunset
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.
The famous red light of HAL9000 from
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.
Status mountain bike positioned in a forest setting with Fox suspension forks
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.
GTA 6 released game play image of an open air gym on the beach
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.
A mass of birds against an orange sky
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.
A 3D Facebook logo poised on a white surface and black backdrop
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
Status mountain bike positioned in a forest setting with Fox suspension forks
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.
View of a lone man on stage addressing a crowd at a conference
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.
GTA 6 released game play image of an open air gym on the beach
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.
A mountainscape with vivid layering of sunset colours
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.
A detail of an curved wooden staircase in a modern building
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.
A night scene of the Siegestor in Munich
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
A computer workstation with a curved screen in a dark room
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
Illuminated poker machines arranged in a row with shallow depth of field
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.
A NASA Challenger rocket launch with plumes of exhaust
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.
A 3D Facebook logo poised on a white surface and black backdrop
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
Well-preserved ruins on a castle sitting in an extensive moat in bright sunlight
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.
Two men talking on stage at a technology conference
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.
A IDE displaying computer code in a vivid theme
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.
A modern office featuring a row of desktops and navy walls
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.
A road sign displaying a speed limit of 20 against a forest backdrop
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.
A femail worked in hi-viz clothing beside a vehicle in an underground mine
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
Golden Gate in San Francisco covered in fog
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.
Vivid harbourside motorway at night in New York
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.
A silhouette of foilage against a vivid orange-red sunset
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.
A computer workstation with a curved screen in a dark room
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
Vibrant business event panel discussion moderated by MC
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.
Three chocolate cupcakes stacked in a pile with cocoa being sifted over the top
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.
The famous red light of HAL9000 from
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.
Faceted gold icosahedron gem A geometric jewel/gem illustration made of polygon facets shaded in rich gold tones from pale amber-gold at the top to deep amber-brown at the bottom.
A boutique IP practice for software-first founders and the investors who fund them.
BALLARAT · MELBOURNE · SYDNEY · BRISBANE
EXPERTISE
Software patentsStartup IP strategyPortfolio building
OVERSEAS ASSOCIATES
Australian patent procedureAustralian design procedureAustralian trade mark procedure
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