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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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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 startupβs first filing ahead of launch and funding.
News
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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 startupβs first filing ahead of launch and funding.
News
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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 startupβs first filing ahead of launch and funding.
News
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Enterprise
Managing IP at scale
Our company
Ownership structure
Freedom to be clear and responsive
Founding principles
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
Β·
Designs
Β·
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 youβre building and we can advise
Software patenting trends across Australia, United States Europe
Article
Contact
Australian patent applications follow a clear, structured path.
We keep it transparent, predictable and focused on results
PROCEDURAL REQUIREMENTS
NOTES
FILINGΒ REQUIREMENTS |Β National Phase Entry
PCTΒ application no or WIPO publication no
PCT Request and specification (if no WIPOΒ pamphlet yet)
Verified English translation if published in another language
31 month national phase entry deadline (30 months recommended)
No power of attorney or authorisation of agent required
No certified copy of priority applications required unless requested
FILINGΒ REQUIREMENTS |Β Convention or no Priority
Specification in English withΒ drawings
Nominated inventor names
Convention application details for each priority claim
No power of attorney or authorisation of agent required
No certified copy of priority application unless requested
Examination
Specifically requested at filing (or can be deferred)
Standard examination, expedited examination and GPPH available
No specific duty of disclosure applies
12 month acceptance (allowance) deadline from First Report
20 claims maximum to avoid excess claims fees
Acceptance (ALLOWANCE)
Acceptance fees due no later than three months from publication of acceptance
Divisional applications can be filed within three months from publication of acceptance
Excess claims fees apply to claims above 20 if not already paid
Third-party inter partes opposition can be initiated after acceptance and prior to grant
Grant
Electronic Deed of Patent issues subject to acceptance fees and absent opposition
Remains in force for a maximum term of 20 years, subject to renewal fees
RENEWALS
Continuation / renewal fees payable from fourth anniversary of filing date
Renewals payable annually until the nineteenth anniversary
Six-month grace period available for late payment with monthly late fees
Grace Period Notes
DURATION and COMMENCEMENT
Twelve months ending on the filing date of the Australian application r2.2C(3), r2.2D
1 April 2002, Australian applications filed on or after this date
GRACE PERIOD COVERAGE
Publication or use by the applicant or predecessor in title s24(1)(a), r2.2C(3)
Publication or use without consent if derived from the applicant or predecessor in title s24(1)(b), r2.2D
Disregarded for both novelty and inventive step r2.2C
Secret use also excused within twelve months s9(e), r1.6
RELATEDΒ PRIORΒ ARTΒ EXCEPTIONS
Working the invention publicly for reasonable trial r2.2(2)(c)
Showing or use at a recognised exhibition r2.2(2)(a)
Reading before a learned society r2.2(2)(b)
Different time periods apply:Β r2.2(3), 2.2A(3), 2.2B(3)
LIMITS
Grace period does not defeat third party publications unrelated to the applicant
Prior use rights for third parties who begin using before the priority date s119
Prior use rights do not arise where the use derived from the patentee s119(3)
ADMINISTRATION
Applies automaticallyβno declaration required
Evidence of the disclosure produced only if the disclosure is later cited
SUBSTANTIVEΒ REQUIREMENTS
EXAMINATION GROUNDS
Patent applications are examined for: Β
patent eligible subject matter s18(1)(a)
newness and inventive step s18(1)(b)
utility s18(1)(c)
best method known to applicant s40(2)(aa)
clear, succinct and supported by disclosure s40(3)
unity of invention s40(4)
RE-examination Grounds
Patent applications are re-examined for:Β
same grounds as examination
OPPOSITION GROUNDS
Patent opposition grounds include:Β
lack of entitlement ss15, 16
all examination grounds
secret prior use in Australia s18(1)(d)
human beings and biological processes for their generation s18(2)
REvocationΒ GROUNDS
Court revocation grounds include:
all examination and opposition grounds
fraud, false suggestion and untrue representation s138(3)(d), (e)
PATENT AppLICATIONΒ FAQ
Patent application questions
Does Australia have a grace period against self-publication?
Yes, and it is a 12 months grace period against self-disclosures in certain circumstances. It is best not relied upon, but is available and can protect the validity of a patent. The grace period provisions apply automatically, and are not contingent upon application. The grace period specifically does not protection against third party publications or disclosures. The exception is third party disclosure except where the material originated from the applicant and was unauthorised. It is recommended you seek confirmation of the whether or not the grace period provisions may apply to the applicant's circumstances as there is some detail involved in the relevant provisions.
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 many claims are allowed in Australia?
There is no particular claim limit, though many applications restrict to 20 claims. This avoids payment of excess claims fees that become payable for more than 20 claims. . You can restrict the claim set though voluntary amendment prior to the first examination report to avoid excess claims fees. Later amendments that exceed a total of 20 claims also attract excess claims fees. Excess claims fees can become quite significant. The fees are $125 per claims for claims 21-30 and $250 for claims 31 and beyond.
Is there an appeals process within the Patent Office?
There is a mechanism for appeal, as an applicant can be heard in a hearing at the Patent Office. The same grounds of examination can be tried before hearing officers, which are typically experienced and senior examiners. Many applications opt to simply continue prosecution through a further divisional application, which can provide additional flexibility in seeking allowance. Third parties can also appeal acceptance of an applicant's patent through an opposition to grant procedure, also conducted before the Patent Office.
What is the prosecution window in Australia?
The prosecution window is 12 months, and represents an acceptance deadline. That is, the applicant must achieve acceptance (not merely respond) before the conclusion of 12 months from the first report. Further prosecution is available by filing a further divisional application prior to the end of 12 month prosecution window. Should the parent application be accepted, and applicant may elect to pursue a divisional application within three months of advertisement of acceptance, typically to pursue broader of different claims.
Is there a utility model system in Australia?
No. There have been second-tier patent systems in Australia, but there is currently no system at present. The former innovation patent system offered a lower threshold of inventiveness ('innovation step') but this was sunset in 2021, and no new filings have been accepted from that time. Before the innovation patent system there was a 'petty patent' system which was similar. The design registration system can be a complementary form of protection to patents in some cases, but of course protects aspects of visual product design rather than underlying technical function.
Patent news
Ideas, research and perspectives
View all insights
News
Β·
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
News
Β·
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
News
Β·
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
News
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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 startupβs first filing ahead of launch and funding.
News
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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 startupβs first filing ahead of launch and funding.
News
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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
Β·
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.