Tutorial 3

The aim of the tutorial is to consider the extent to which computer software can be protected by way of Intellectual Property. This will look at the different types of Intellectual Property and the extent to which these can protect software related products. Particular attention will be paid to patent protection, including a discussion of the steps involved in obtaining protection, how patents should be interpreted and some of the issues involved in enforcing protection.

• Intellectual Property: The tutorial will commence with an outline of the different types of IP that are available and the extent to which each of these may be used to protect software related products.
• Patentability requirements: This will examine the broad requirements for obtaining patent protection including consideration of novelty, inventive step, and the degree to which software can be protected in different jurisdictions including Australia, Europe and the US.
• Patent Specifications: With a series of worked examples, this aims to describe the different types of patent publications, as well as explaining the purpose of different sections within the documents.
• Patent Resources: A number of different patent resources will be discussed, together with examples, providing attendees with the basic resources required to locate and view patents and published patent applications.
• Commercialisation: This will describe some of the issues involved in how IP can be used in a commercial environment, with particular focus on issues surrounding IP enforcement.

• How you can protect software products using IP
• The basics of reading and understanding patent documents
• How to perform basic searching of freely available Patent databases
• What is involved in enforcing IP

Alistair Smith is an associate in Davies Collison Cave's information technology and communications patent practice, where he specialises in patent, design and copyright advice relating to computer software, business methods and electronic devices.
His professional activities include drafting and prosecuting patent applications, providing strategy advice to start-up companies, and presenting on issues relating to obtaining and maximising the value of an IP portfolio.
Alistair is a practicing Australian and New Zealand Patent Attorney. Prior to joining Davies Collison Cave in 2001 he worked for a patent attorney firm in London where he also qualified as a European and UK Patent Attorney. Alistair has a Master of Arts in Natural Sciences from Magdalene College, Cambridge University, where he specialised in Physics.