| IP | Protects | Duration | How to secure? | When to use? |
| Patent | Novel & inventive Inventions.
Can be:- devices
- methods
- compositions
- processes
| 20 years | | - When invention has significant financial commercialisation potential.
- When invention secures only method of doing something.
- When the invention is a platform technology that would form the basis of any number of new applications (i.e., 3D printing).
- When the invention contributes to an existing group of patents to strengthen IP position.
- When a quick sale is desirable (it creates a transferable asset, even as an application).
|
| Trade Secret | Confidential business information, not easily discernible.
Can be:- Recipes
- Client lists
- Formulae
- Processes
| Indefinite | Just keep it a secret.
Secure with:- strong employment contract
- desirable employment conditions
- compartmentalising portions to avoid full dissemination
| - When the idea or invention is new, but the profitability is not high enough to justify cost of a patent.
- When it is possible to keep it secret (i.e. cannot be reverse engineered).
- When disclosing the product or method may spark others to explore the new area first.
- When the product formula secures a better profit when secret (secret herbs and spices).
|
| Copyright | Original creative works.
Can be:- Literary works
- Software code
- Dramatic, musical or artistic works
- Webpage/App designs
| 50 years (death of author)
OR
16 years (industrial) | Free.- Applies automatically.
- Use © with [Year] and sufficient detail to locate author on all works protected under copyright.
| - Take full advantage of instances where © is the best form of protection (creative concept or method otherwise not patentable).
- For novel product designs where the not protectable by design registration.
|
| Trademark | Brand identifiers.
Can be:- words
- logos,
- shapes,
- colours
- sounds and smells
| On-going, renewed every 10 years. | Trademark can be registered ($,™) or unregistered (free, ®).
Registered marks are easier to protect and form an asset on the balance sheet early. Note: shapes, colours and smells harder to protect (must have strong brand recognition first) | - When the final version of novel brand name or logo has been determined, and a product or service is close to being commercialised (establish USE within first 10-year renewal period, and preferably within 3 years).
|
| Designs | Novel features of:- shape
- configuration
- pattern
- or ornament
as applied to an industrial use. | 15 years (renewals at 5, 10 years) | | - When the final commercial version of a product is ready to be sold.
Design must be NEW, so cannot have been disclosed prior to filing. - Not usual to have design application ready products within the University environment.
|
| Plant Variety Rights (PVR) | NEW specific plant varieties that are distinct, stable and sufficiently uniform. | 20-23 years (based on plant type). | | - When significant time and effort has been expended to develop a commercially valuable plant variety.
- Not usual to have PVR application ready products within the University environment.
|
