Computer software including the source code and object code are protected as literary works under the Copyright Act 1968 and there is no requirement in Australia for any formal registration. You may wish to include a copyright notice on your software (e.g. © [Name] [Year]).
A formal registration process is required for patent protection of computer software. In order to be registered as a patent, the software has to be novel, involve an inventive step, be useful and most importantly, not been secretly used before in the relevant market place. If you believe that you have a patentable invention, it is important not to have disclosed it publicly or used it secretly. If you are unsure whether your software is patentable, you should seek our legal advice. Please contact a member of our Commercial Law team or call us on 1300 205 506 or fill in the contact form below.
The information contained in this article is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.
Liability limited by a scheme approved under Professional Standards Legislation.
Mitchell is the Managing Principal of our law practice.
He is an Accredited Specialist in Commercial Law (accredited by the Law Institute of Victoria). He also deals with areas of Employment Law, Wills & Estate Planning and Probate. For further information, contact Mitchell on his direct line (03) 8561 3318.
