Unit of competency Outline
Date retreived
22/07/2026 8:31 PM AWST
22/07/2026 8:31 PM AWST
Whilst all efforts are made to provide accurate and timely information from the relevant source/documentation, please be aware that the information supplied may not be the most current version. The accuracy of the detail has not been confirmed by the Department and therefore should not be relied upon without first confirming the contents.
Protect and use new inventions and innovations
Protect and use new inventions and innovations
Unit of competency
National Code
BSBIPR402A
BSBIPR402A
State Code
D2782
D2782
TGA Status
Replaced
Replaced
DTWD Status
Replaced
Replaced
State Implementation and Classification
Approved Date
12/01/2012
Field of Education
090999 - Law, N.e.c.
Original Release Date
12/01/2012
Nominal Hours
30
Description
This unit describes the performance outcomes, skills and knowledge required to protect and use new inventions and innovations as the exclusive intellectual property of an organisation or individual. It covers identifying the need for protection of new inventions or innovations, working with specialists to file a successful patent application, monitoring and protecting intellectual property rights, and using the patent for business growth.No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.
Notes
Elements and Performance Criteria
1. Identify the need for protection of new inventions and innovations
- 1.1. Research what constitutes a new invention or innovation in Australia
- 1.2. Identify legislative requirements governing invention and innovation protection
- 1.3. Identify inventions and innovations within own organisation that may require protection and identify the type of patent applicable
- 1.4. Research prior art to determine other inventions or innovations in a specific area of technology
- 1.5. Research patent information, use patent search and patent search tools, and evaluate their usefulness for the organisation
- 1.6. Evaluate commercialisation potential of new inventions or innovations to determine if protection is worth pursuing
2. Identify and initiate the process for protection of inventions and innovations
- 2.1. Identify sources of information and advice regarding protection and searching of new inventions or innovations
- 2.2. Identify processes required for filing a successful patent application
- 2.3. Identify processes for international invention protection
- 2.4. Evaluate the role of intellectual property professionals in the patent application process
- 2.5. Participate in a patent search and patent application and provide relevant information to an intellectual property professional for patent search and patent application, if required
- 2.6. Identify non-registrable forms of a protection strategy and evaluate the benefits of utilising patent alternatives
3. Monitor the market and protect and use new inventions and innovations
- 3.1. Identify and review organisation policies and procedures to ensure the protection and use of new inventions and innovations
- 3.2. Identify and establish processes to use own and others' patents for business growth
- 3.3. Identify appropriate legal measures to protect an invention or innovation against certified infringements, if required, with assistance from appropriate professionals
- 3.4. Monitor the market for possible patent infringements
- 3.5. Ensure all employees are aware of the importance to the organisation of the protection of new inventions and innovations and implement training if required
- 3.6. Identify and review organisation policies and procedures to prevent infringement of others' inventions and innovations
RANGE STATEMENT
The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.
Inventions may include:
any device, substance, method or process that is:
inventive (i.e. not obvious to someone with knowledge in the field of the invention)
novel (i.e. new)
useful
Innovations may include:
any device, substance, method or process that involves an 'innovative step', i.e. a change that distinguishes the invention from what is currently known about the technology
Legislative requirements may include:
the Patents Act 1990; in particular section 18 which stipulates the inventive threshold
Types of patent may include:
standard patents, which last for twenty years from when the application is filed and cover as many claims as is deemed necessary to protect the invention
innovation patents, which last for eight years from the date of filing and protect up to five claims
Prior art is defined as:
all information in the public domain relating to previous patents, inventions or innovations that may impact on an invention's or innovation's originality
Patent information refers to:
the technical and legal information contained in a patent document
Usefulness includes:
source of technical information
learning about current research and innovations
locating business partners or suppliers
avoiding possible infringement problems
assessing patentability of own invention or innovation
exploitation of out of date patents
Commercialisation potential may include:
the potential profitability of an innovation which takes into account market size, competitors and investment required to get the invention or innovation to market
alternative income stream, such as:
licensing the patent to another party, allowing them to exploit it for a set price or royalties for a set time
profiting from the manufacture and sale of a product
selling or assigning all or part of the rights to the patent
use of other's inventions or innovations within legal frameworks
Sources of information or advice may include:
IP Australia
Attorney-General's Department
Australian Copyright Council
State and Commonwealth government agencies
lawyers specialising in intellectual property
trade mark attorneys and patent attorneys
accountants
business advisors
marketing consultants
branding consultants
copyright collecting societies, e.g. CAL, PPCA, MIPI, APRA, AMCOS
publications
websites, Internet
databases
Processes may include:
carrying out searches to ascertain originality of the invention or innovation
reviewing and proliferating confidentiality agreements within organisation or among people who may need to know about the invention/innovation before a patent application is filed so as to keep the invention or innovation secret
establishing a priority date by filing a provisional or complete application before releasing information into the public domain
providing a specification defining the invention or innovation should this precede the previous step
including a Notice of Entitlement form
International invention protection may include:
filing for protection with the patent offices of overseas countries or regional patent authorities
filing an international application under the Patent Cooperation Treaty (PCT) through IP Australia
Non-registrable may include:
trade secrets
confidentiality agreements and non-disclosure agreements
Legal measures may include:
consulting with a patent attorney to explore possible courses of action
pursuing infringements through a civil lawsuit to prohibit future infringements and/or seek monetary compensation for past and/or projected losses
pursuing criminal penalties if warranted by the nature of the infringements
Monitor may include:
observing the activities of competitors
regularly reviewing patent databases
watching the market for potential patent infringements
The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.
Inventions may include:
any device, substance, method or process that is:
inventive (i.e. not obvious to someone with knowledge in the field of the invention)
novel (i.e. new)
useful
Innovations may include:
any device, substance, method or process that involves an 'innovative step', i.e. a change that distinguishes the invention from what is currently known about the technology
Legislative requirements may include:
the Patents Act 1990; in particular section 18 which stipulates the inventive threshold
Types of patent may include:
standard patents, which last for twenty years from when the application is filed and cover as many claims as is deemed necessary to protect the invention
innovation patents, which last for eight years from the date of filing and protect up to five claims
Prior art is defined as:
all information in the public domain relating to previous patents, inventions or innovations that may impact on an invention's or innovation's originality
Patent information refers to:
the technical and legal information contained in a patent document
Usefulness includes:
source of technical information
learning about current research and innovations
locating business partners or suppliers
avoiding possible infringement problems
assessing patentability of own invention or innovation
exploitation of out of date patents
Commercialisation potential may include:
the potential profitability of an innovation which takes into account market size, competitors and investment required to get the invention or innovation to market
alternative income stream, such as:
licensing the patent to another party, allowing them to exploit it for a set price or royalties for a set time
profiting from the manufacture and sale of a product
selling or assigning all or part of the rights to the patent
use of other's inventions or innovations within legal frameworks
Sources of information or advice may include:
IP Australia
Attorney-General's Department
Australian Copyright Council
State and Commonwealth government agencies
lawyers specialising in intellectual property
trade mark attorneys and patent attorneys
accountants
business advisors
marketing consultants
branding consultants
copyright collecting societies, e.g. CAL, PPCA, MIPI, APRA, AMCOS
publications
websites, Internet
databases
Processes may include:
carrying out searches to ascertain originality of the invention or innovation
reviewing and proliferating confidentiality agreements within organisation or among people who may need to know about the invention/innovation before a patent application is filed so as to keep the invention or innovation secret
establishing a priority date by filing a provisional or complete application before releasing information into the public domain
providing a specification defining the invention or innovation should this precede the previous step
including a Notice of Entitlement form
International invention protection may include:
filing for protection with the patent offices of overseas countries or regional patent authorities
filing an international application under the Patent Cooperation Treaty (PCT) through IP Australia
Non-registrable may include:
trade secrets
confidentiality agreements and non-disclosure agreements
Legal measures may include:
consulting with a patent attorney to explore possible courses of action
pursuing infringements through a civil lawsuit to prohibit future infringements and/or seek monetary compensation for past and/or projected losses
pursuing criminal penalties if warranted by the nature of the infringements
Monitor may include:
observing the activities of competitors
regularly reviewing patent databases
watching the market for potential patent infringements
EVIDENCE GUIDE
The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.
Overview of assessment
Critical aspects for assessment and evidence required to demonstrate competency in this unit
Evidence of the following is essential:
identification of issues for the use, management and protection of new inventions or innovations
implementation of policies and procedures for the use, management and protection of new inventions or innovations and legitimate use of others' inventions or innovations
Context of and specific resources for assessment
Assessment must ensure:
access to appropriate documentation (application forms, etc.) and resources normally available to a patent applicant
access to reliable and appropriate explanatory material and guidelines
access to appropriate computer resources for establishment and maintenance of policies and procedures
Method of assessment
A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this unit:
direct questioning combined with review of portfolio of evidence
oral or written questioning to assess knowledge of protection of new inventionsor innovations and its implications for the organisation
development of action plans for implementation of policies and procedures for the protection of new inventions or innovations, and commercialisation of new inventions or innovations
analysis of case studies around patents, with recommendations for action
Guidance information for assessment
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:
other units from BSB07 including other units relating to intellectual property
design units
The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.
Overview of assessment
Critical aspects for assessment and evidence required to demonstrate competency in this unit
Evidence of the following is essential:
identification of issues for the use, management and protection of new inventions or innovations
implementation of policies and procedures for the use, management and protection of new inventions or innovations and legitimate use of others' inventions or innovations
Context of and specific resources for assessment
Assessment must ensure:
access to appropriate documentation (application forms, etc.) and resources normally available to a patent applicant
access to reliable and appropriate explanatory material and guidelines
access to appropriate computer resources for establishment and maintenance of policies and procedures
Method of assessment
A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this unit:
direct questioning combined with review of portfolio of evidence
oral or written questioning to assess knowledge of protection of new inventionsor innovations and its implications for the organisation
development of action plans for implementation of policies and procedures for the protection of new inventions or innovations, and commercialisation of new inventions or innovations
analysis of case studies around patents, with recommendations for action
Guidance information for assessment
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:
other units from BSB07 including other units relating to intellectual property
design units
Replaced By
| State Code | National Code | Title | Type |
|---|---|---|---|
| AUH41 | BSBIPR402 | Protect and use new inventions and innovations | Unit of competency |
| State Code | National Code | Title | Type |
|---|---|---|---|
| J344 | BSB40212 | Certificate IV in Business | Qualification |
| AC344 | BSBSS00014 | Managing Innovation Skill Set | Skill set |
| AC686 | BSBSS00016 | Patent Skill Set | Skill set |