Where to start with protecting your intellectual property (IP)

Before you can protect your IP, you need to know what you have.

Start by listing the assets you’ve created for your business. The 4 types of IP you can register with IP Australia are:

• Trade marks: protect your brand, products or services, and distinguish your business from competitors.
• Patents: protect your new inventions, devices, substances methods or processes.
• Design rights: protect the overall appearance of your new and distinctive product.
• Plant breeder's rights: protect new plant varieties you have developed.

Copyright may also apply to some original works, such as written content, artwork, photography, music and film. Unlike registered IP rights, copyright protection is free and applies as soon as your work is created and recorded.

Not sure which type of IP applies to your business? IP Australia’s Choosing the right IP tool can help you identify what type of protection you may need with just a few questions. 

Just because you can’t see a product, brand or invention on the market, doesn’t mean it hasn’t been protected. Searching existing IP records can help you avoid costly surprises later.

For trade marks, TM Checker is a great place to start. It’s a free tool that uses AI to quickly check your proposed trade mark using words, phrases or even images.

If you're applying for a patent or design right, your invention or design generally needs to be new. Before applying, check whether something similar has already been created, published or made public. You can also check the official IP registers including: 

• Australian design search
• patent search
• trade mark search
• plant breeder's rights.

If you're unsure what the search results mean, or whether your idea is eligible for protection, consider seeking advice from an IP professional.

Thinking of sharing your idea? Be careful about making a new invention or design public before seeking protection. Making it public too soon can affect your ability to protect it.

If you need to share your idea with manufacturers or potential business partners, a non-disclosure agreement (NDA) may help.

Not every business needs the same level of IP protection. Before applying, consider:

• what you’re trying to protect
• risks you’re trying to manage
• the type of protection you need
• registration costs
• how long the process will take.

IP Australia's IP basics fact sheets explain the different protection options, costs and processes in plain language.

It also helps to think about the value of your IP early. Like any business asset, IP can support growth, investment and commercial opportunities.

Once you know what’s involved you can decide whether you’re comfortable applying yourself using IP Australia’s online tools or whether you’d benefit from advice from an IP professional.

Once you’ve decided what IP you want to protect, you can apply online through the IP Australia website. Each type of IP right has its own step-by-step guide to walk you through the process.

Keep in mind registration isn’t always immediate and processing times vary depending on the type of IP and your application:

• Trade mark applications are examined before acceptance and then advertised for a two-month opposition period before registration.
• Patent applications can take months or even years depending on the type of patent and the examination process.
• Design rights involve both registration and certification. Registration protects your design on the register, while certification is required before you can enforce your rights.

Selling overseas?

Australian IP rights generally only protect you in Australia. If you're planning to export, manufacture or operate internationally, consider whether you need IP protection in other countries.

Protecting your IP does not stop once you have registered a right. It is up to you to manage and maintain it.

You’ll need to:

• monitor the market for possible infringement
• renew registrations when requiredkeep records up to date
• know what to do if someone uses your IP without permission.

As your business grows, your IP needs may change too. Regularly reviewing your IP can help ensure your protection keeps pace with your business.

IP Australia provides guidance on how to maintain protection, prevent infringement, and commercialise and benefit from your IP.