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Insights
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Technological innovation is protected by patent rights
Registered designs
Aesthetic and visual features are protected by registered designs
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Branding is protected by registered trade marks
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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
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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
Fox Factory: textbook patent execution
View Case Study
Rockstar IP: don't hate the player
View Case Study
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Overseas associates
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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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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
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Hub Australia, 200 Adelaide Street, Brisbane QLD 4000, Australia
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The right advice at the right time
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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
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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
Automotive
Motorsport to marine, we share your enthusiasm
Overseas associates
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Tell us what you’re building and we can advise
Software patenting trends across Australia, United States Europe
Article
Contact
Software patents create optionality
when you architect strategically
Software patents in AUSTRALIA
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.
Software patents FAQ
Software patent questions, answered with clarity
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.
How does startup IP strategy interact with open-source software development?
Open-source software is 'open' but not necessarily entirely 'free' in the IP sense. Different licence types impose different conditions, ranging from permissive (Apache, MIT) to copyleft (GPL). Using GPL-licensed code in proprietary commercial software can require you to open-source your entire codebase, which may be inconsistent with your IP and commercial strategy. Open-source licence compliance audits should be standard practice before product launch, capital raising, or any M&A transaction involving software assets.
Are software inventions patentable in Australia?
There is no exclusion of software or business methods as patent eligible subject matter in Australia. Examination practice follows case law interpreted through internal policy. While recent court decisions (see Aristocrat) have been far more favourable to computer-implemented inventions than in the preceding decade, there can at times be practical challenges with software-based subject matter. Nevertheless, patent eligibility for computer-implemented inventions in Australia should stabilise following the Aristocrat 2025 decisions that mark an authoritative return to the traditional approach to patent eligibility following more than a decade of uncertainty. We suggest you get in touch regarding any specific subject matter concerns as examination practice is evolving in this area.
How should I describe software inventions in a patent specification to maximise patentability?
The specification must describe the technical problem being solved and the non-obvious technical solution in concrete, implementable terms. Rather than abstract pseudocode or flowcharts alone, focus on how the software interacts with the underlying computing infrastructure and the broader computational context and benefits. Claims should be drafted at multiple levels of generality—from broader system and method claims to narrower claims that capture all potential distinguishing features. Patents are not all or nothing, even if broader claims are anticipated by prior publications, narrower claims can still remain valid and commercially valuable. Robust software patents anchor claims to tangible technical effects, not just process steps, and avoid language that is purely based around abstract advantages. A strong and structured specific description and a suitable suite of drawings are especially important.
What are the pros and cons of patenting software versus maintaining as a trade secret?
Patents disclose your technology publicly but grant exclusivity for 20 years. Trade secrets remain confidential indefinitely but offer no protection against independent development or reverse engineering. Patent strategy suits innovations that are difficult to replicate and where you anticipate competitor entry. trade secret strategy suits proprietary algorithms, architectural know-how, and processes unlikely to be independently discovered. Many software businesses use both in tandem: patenting core innovations that define competitive positioning and keeping successive implementational nuance, optimisations, and second-order know-how as trade secrets. Google's PageRank algorithm is an infamous example. The algorithm was successfully patented in its broader implementation by Stanford University while Larry Page was still a PhD student, expiring in 2019. Google patented an updated more refined version in 2015. There was of course much internal proprietary know-how around the subties of PageRank that are no doubt under constant development to this day.
Can I get a patent for a software algorithm or data structure?
Yes, but with important caveats. Purely abstract mathematical algorithms are typically rejected, except where they solve a concrete technical problem—such as improving search performance, reducing memory footprint, or optimising data processing. Even then, it can be advisable to anchor the invention a lttle deeper in its surrounding technical context. Data structures are patentable when they are novel and produce tangible technical benefits. The key is framing your innovation not as an abstract idea but as a technical solution to a real computational or performance problem in its operational context. Claims should articulate the specific technical advantage your algorithm or data structure delivers, not just what it does mathematically.
What is the geographic landscape for software patents, and which jurisdictions are most favourable?
The United States remains the strongest jurisdiction for software patents and the most receptive to broad claim scope. Europe has become notably more favourable, but can certain subject matter can still face challenges. Australia's charts an intermediate middle ground, and the landscape should stabilise following the Aristocrat 2025 decision, returning to a traditional approach that is now moderately receptive. China actively grants software patents and is increasingly important for SaaS and AI businesses targeting Asian markets. Japan and South Korea are moderately favourable. Filing strategy should prioritise markets where you sell, face competitive risk, or plan to raise capital.
Can I patent software that runs on the cloud or as a SaaS platform?
Yes. The delivery mechanism does not affect patentability. What matters is the technical innovation underlying the software, and how the invention and specification is structured. Claims can be drafted to cover both the software method itself and the system architecture enabling delivery. One practical consideration: cloud-delivered software may be easier to reverse-engineer through network traffic analysis, so trade secret protection of implementation details becomes more important. Conversely, cloud architecture itself (if sufficiently unique) may be patentable where it achieves new and non-obvious benefits in scalability, resource allocation, or security. Businesses should not assume that it is 'just software' and for that reason exempt from patentability.
How do I search for existing software patents before investing in development?
Patent landscape searches in your software domain should precede substantial R&D investment. Search USPTO, EPO, and IP Australia databases using both technical keywords and patent classification codes relevant to your technology (software classification is broad, so targeted searching requires expertise). Look for granted patents, pending applications, and recent grant dates in your market and adjacent spaces. Engage a patent attorney experienced in software for search strategy—the difference between a surface keyword search and a thoughtful landscape analysis is often the difference between missing obvious blockers and identifying genuine freedom-to-operate risk.
How do software patents interact with AI and machine learning inventions?
AI and ML inventions are patentable when they solve a concrete technical problem—such as improving model accuracy, reducing training time, or optimizing inference performance—rather than merely implementing a known algorithm differently. Claims should articulate the technical benefit your invention achieves, not just that it uses neural networks or deep learning. The specification should describe the training data, architecture, and methods in sufficient detail for reproducibility. AI patents are an increasingly active space with significant competitive intensity. Early filing is important; landscape analysis is essential to avoid overlaps with prior art. Many AI innovators use a hybrid strategy: patenting novel architectures and methods while keeping training data and model weights as trade secrets.
SOFTWARE PATENT INSIGHTS
Ideas, research and perspectives
View all insights
Article
·
November 10, 2026
Kyro Card Capital: patent eligibility under the new examination guidelines
A second Patent Office decision applies the rewritten Patent Manual and reasons its way back to RPL Central, making it hard to predict the line between patent eligibility and patent ineligibility.
Case Study
·
September 30, 2026
Peloton: riding under pressure
Thin hardware margins, low barriers to entry and obviousness-prone software claims: how Peloton's patents and litigation show what a subscription business can and cannot protect.
News
·
August 24, 2026
CQMS v Joy Global: the sensor test for software patents
A Patent Office delegate held a software claim ineligible in the first hearing decision to apply Aristocrat.
Article
·
July 30, 2026
Patent Manual of Practice and Procedure after Aristocrat: new words, same song
The updated Patent Manual references Aristocrat but keeps the old tests. Software patent applicants should expect objections and argue from the law.
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.
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.
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
·
September 6, 2025
On the move: patenting the software layer behind mobility
Software that controls a vehicle can be patented. Sixteen real examples, from e-bikes and Onewheel to combines and truck convoys, show what gets protected and how to find the equivalent in your own product.
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
·
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
·
November 10, 2026
Kyro Card Capital: patent eligibility under the new examination guidelines
A second Patent Office decision applies the rewritten Patent Manual and reasons its way back to RPL Central, making it hard to predict the line between patent eligibility and patent ineligibility.
Case Study
·
September 30, 2026
Peloton: riding under pressure
Thin hardware margins, low barriers to entry and obviousness-prone software claims: how Peloton's patents and litigation show what a subscription business can and cannot protect.
Case Study
·
September 25, 2026
Oura v Ultrahuman: step in the ring
Oura used one acquired patent to control the US smart ring market, and what Ultrahuman's redesign teaches challenger founders.
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.
News
·
August 24, 2026
CQMS v Joy Global: the sensor test for software patents
A Patent Office delegate held a software claim ineligible in the first hearing decision to apply Aristocrat.
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
·
August 10, 2026
Onewheel: patenting for category ownership
Future Motion, Inc uses a layered utility and design patents strategy to own the Onewheel category.
Article
·
July 30, 2026
Patent Manual of Practice and Procedure after Aristocrat: new words, same song
The updated Patent Manual references Aristocrat but keeps the old tests. Software patent applicants should expect objections and argue from the law.
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
·
September 6, 2025
On the move: patenting the software layer behind mobility
Software that controls a vehicle can be patented. Sixteen real examples, from e-bikes and Onewheel to combines and truck convoys, show what gets protected and how to find the equivalent in your own product.
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
·
September 12, 2024
Five critical patent mistakes you cannot fix after filing
Five patent application mistakes that become permanent on filing day, and the remedy for each.
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
·
September 30, 2026
Peloton: riding under pressure
Thin hardware margins, low barriers to entry and obviousness-prone software claims: how Peloton's patents and litigation show what a subscription business can and cannot protect.
Case Study
·
September 25, 2026
Oura v Ultrahuman: step in the ring
Oura used one acquired patent to control the US smart ring market, and what Ultrahuman's redesign teaches challenger founders.
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
·
August 10, 2026
Onewheel: patenting for category ownership
Future Motion, Inc uses a layered utility and design patents strategy to own the Onewheel category.
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
Article
·
November 10, 2026
Kyro Card Capital: patent eligibility under the new examination guidelines
A second Patent Office decision applies the rewritten Patent Manual and reasons its way back to RPL Central, making it hard to predict the line between patent eligibility and patent ineligibility.
Case Study
·
September 30, 2026
Peloton: riding under pressure
Thin hardware margins, low barriers to entry and obviousness-prone software claims: how Peloton's patents and litigation show what a subscription business can and cannot protect.
Case Study
·
September 25, 2026
Oura v Ultrahuman: step in the ring
Oura used one acquired patent to control the US smart ring market, and what Ultrahuman's redesign teaches challenger founders.
News
·
August 24, 2026
CQMS v Joy Global: the sensor test for software patents
A Patent Office delegate held a software claim ineligible in the first hearing decision to apply Aristocrat.
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
·
August 10, 2026
Onewheel: patenting for category ownership
Future Motion, Inc uses a layered utility and design patents strategy to own the Onewheel category.
Article
·
July 30, 2026
Patent Manual of Practice and Procedure after Aristocrat: new words, same song
The updated Patent Manual references Aristocrat but keeps the old tests. Software patent applicants should expect objections and argue from the law.
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
·
September 6, 2025
On the move: patenting the software layer behind mobility
Software that controls a vehicle can be patented. Sixteen real examples, from e-bikes and Onewheel to combines and truck convoys, show what gets protected and how to find the equivalent in your own product.
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
·
September 12, 2024
Five critical patent mistakes you cannot fix after filing
Five patent application mistakes that become permanent on filing day, and the remedy for each.
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.
