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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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Ideas, research and perspectives
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Articles
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
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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
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Company announcements
EUREKA turns five!
Hello world
Insights
Ideas, research and perspectives on intellectual property
Patents
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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
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Engineer your portfolio strategically
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Motorsport to marine, we share your enthusiasm
Overseas associates
Procedural details and substantive requirements
About
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Contact
Tell us what you’re building and we can advise
Software patenting trends across Australia, United States Europe
Article
Contact
Portfolio building needs a whole-of-business approach
to consolidate a competitive position
where to start
Portfolio building strategy
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.
PATENTS vs TRADE SECRETS
Case study: balancing patents vs trade secrets
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.
PORTFOLIO BUILDING FAQ
Portfolio building questions, answered with clarity
How much should I budget to obtain and maintain an Australian patent?
Professional fees typically involve preparation of a patent specification, which is a description and collection of drawings describing the invention.After filing, the major procedural hurdle before acceptance and grant. Consult you patent advisor regarding a budget allocation and timelines, though anticipate perhaps $10,000 to $20,000 over two to four years, depending on technical complexity and merits of the invention. Annual renewal fees begin after the fourth year and escalate over the patent term — plan for several thousand dollars across the life of the maximal life of the patent, which is gnereally 20 years. The commercial benefits of protection should outweigh patent costs by a high multiple to warrant patent maintenance.
What are the IP risks in engaging freelance contractors and offshore development partners?
Under Australian law, independent contractors be default own the IP they create unless an agreement specifically provides otherwise. This means software, creative works, and technical innovations developed by contractors may belong to the contractor, not your business. Usually, a contractor will have no interest in using the IP themselves. Their can however be some possibility they resell your work in effect to your existing or prospective competitors, or making a claim over your own registered rights at the most inopportune time. The Australian Designs Act provides some protection for the commissioning party via s13(1)(b) but no such parallel commissioning provision appears in the Australian Patents Act. Written IP assignment agreements are recommended before work commences and should be non-negotiable. Offshore arrangements introduce additional complexity around enforceability and jurisdiction that must be addressed in the contracting structure.
What does 'portfolio management' actually involve in practice?
Portfolio management is the ongoing process of maintaining, monitoring, evaluating, and strategically developing your IP assets to maximise commercial value and competitive protection. Portfolio management may focus on patents, but also includes registered designs and registered trade marks. It includes renewal and annuity management, prosecution oversight, competitive monitoring, licensing activity, enforcement decisions, and regular strategic review. For businesses where IP is a core value driver, portfolio management is a continuous and active function, not a periodic administrative task.
How do I know if my existing portfolio is actually working for my business?
A portfolio audit assesses each registered right against three questions: is it legally current and defensible; does it align with commercially significant activity today; and does it align with your current and anticipated business direction? The audit typically reveals both savings and gaps. Portfolios accumulated over time frequently contain rights that are administratively maintained but strategically obsolete, while critical new innovations or product lines remain unprotected. Most portfolio owners report that their portfolios are both too big and too small, just in different areas.
How should I handle patent renewal decisions as my startup evolves?
Renewal decisions should be assessed against commercial relevance, enforceability, licensing potential, and competitive deterrence value. Ideally you institute some basic decision logic to avoid re-prosecuting the same dilemmas each review. Quarterly scoing logic around relevant categories is a good starting point. Maintaining patents purely from inertia is expensive and creates administrative burden without return, and is strageically stale. Conversely, allowing commercially valuable patents to lapse for cost reasons is a significant strategic error. Annual or quarterly renewal reviews, particularly for maturing portfolios, are basic management hygeine.
What is patent watch and why does competitive monitoring matter?
Patent watching (or competitor watch service) provides systematic alerts when competitors file or are granted patents in your technology space. This enables you to track competitor R&D direction, identify potential blocking rights before they grant, consider oppositions where appropriate, and inform your own filing strategy. Studying competitor patenting actuvity can allow you to infer your competitor strategic intent years before it becomes evident through ordinary commercial activity. For businesses in fast-moving technology sectors, proactive competitive intelligence can be of significant strategic value.
Can I leverage my patent portfolio offensively, and what does that mean in practice?
Yes. A patent portfolio can be used offensively to exclude competitors from key technology areas, to drive licensing revenues, to support cross-licensing arrangements that provide access to third-party technology, and as leverage in commercial and M&A negotiations. Building an offensive portfolio requires deliberate, forward-looking claim drafting: not just protecting your current product, but anticipating where the technology and market are heading and filing into that space.
How do I navigate a competitor's patent thicket?
A patent thicket describes a dense web of overlapping third-party patents that makes it difficult for a new entrant to commercialise a particular technology deep within the thicket without risking infringement. Navigation strategies include: designing around identified patents, challenging weak patents through opposition or re-examination, seeking licences or cross-licences, and joining patent pools where they exist. Early FTO analysis is the most important step: identifying key thickets and associated risks before R&D investment is committed is far preferable to discovering them at launch.
What is IP licensing and how can it generate revenue from my portfolio?
Licensing grants third parties rights to use your IP in defined ways, in exchange for royalties or other commercial consideration. This can generate significant revenue without requiring capital investment in manufacturing, distribution, or market development. Licensing strategy requires identifying addressable licensees, valuing the IP, structuring appropriate royalty arrangements, and drafting agreements that protect your ownership while enabling the licensee to generate value. A well-structured licence is a recurring revenue asset. Conversely, there are times when it can be beneficial to licence in key IP properties.
What should a patent portfolio look like to attract serious investor interest?
Investors assess patent portfolios for scope of claim coverage aligned to the most promising products or features, freedom to operate, geographic coverage aligned with target markets, remaining term, and the degree to which the portfolio creates genuine competitive barriers rather than merely documenting the technology. A single broad, well-drafted patent often outperforms a larger collection of patents with narrower claims of minimal commercial value. Investors are increasingly sophisticated in IP assessment. A portfolio that looks substantial but is easily designed around provides little comfort, and can hurt investor valuations.
How should I manage IP across an international business—one portfolio or jurisdiction by jurisdiction?
International IP management requires a coherent global strategy executed jurisdiction by jurisdiction. Or by a reasoned segmentation of regions. Centralised IP ownership in an appropriate holding structure is often adopted and can provide administrative efficiency and tax advantages, but must be structured compliantly. Geographic coverage decisions should reflect where you manufacture, sell, and face competitive risk. Regional filing strategies through provide a systematic frameworks for executing an ongoing international rollout.
