Information, Communication & Technology Patent (ICT Patent)

An Information, Communications & Technology Patent or ICT is designed to protect software-implemented inventions in the Australian IT sector. 

ICT broadly covers innovations related to communication devices, cell phones, radio, television, computer and satellite operating systems. 

It can also cover technology-based services such as distance learning software or video conferencing applications. Hardware and software linked to the implementation of these services may also be patentable under certain conditions.  

This type of patent covers novel developments or innovations in this space with strict criteria around what is considered to be valid or patentable intellectual property.

Can All ICT Be Patented? 

No, should your submission involve a software system designed to implement an abstract idea this will not be patentable. Software can be patented in certain circumstances. 

Your ICT development must be integral to the invention, not simply a tool to enact the process. To be patentable, an ICT invention should solve a technical problem, improve a function or enhance an outcome. In this way it must meet the definition of a Manner of Manufacture.

It must also be novel and inventive. 

ICT Examples

Innovations in the ICT industry include developments such as 5G, smartphones and tablets, GPS, data encryption, radio navigation, ChatGPT, augmented reality, Cloud computing and many more. 

The ICT field is one of the top five patent filing classes seen in Australia in 2023, artificial intelligence (AI) patent filings alone have almost doubled every year since 2020. 

Determining whether an ICT innovation is suitable for a patent is complex and the process is time-consuming. In most instances, it is necessary to engage an IP attorney to avoid complications. 

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