Application
This unit describes the 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.
It applies to individuals who are actively involved in work concerning the development or ownership of inventive and innovative products. They may work as individual inventors or innovators in a range of industries or organisational contexts, as part of a research and development team within an organisation or be commissioning or employing others to develop new inventions or innovations.
It will give individuals an understanding of patent law and how patents are assigned, to develop an understanding of the actions of patent specialists employed to patent the organisation’s new inventions or innovations.
No licensing, legislative or certification requirements apply to this unit at the time of publication.
Elements and Performance Criteria
ELEMENT | PERFORMANCE CRITERIA |
Elements describe the essential outcomes. | Performance criteria describe the performance needed to demonstrate achievement of the element. |
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 Conduct research 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 on protecting and searching 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 of 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 protecting 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 |
Foundation Skills
This section describes language, literacy, numeracy and employment skills incorporated in the performance criteria that are required for competent performance.
Skill | Performance Criteria | Description |
Reading | 1.1-1.6, 2.1-2.6, 3.1-3.6 | Comprehends and interprets workplace documentation Recognises text within job specifications and work processes related to intellectual property requirements |
Writing | 1.1-1.6, 2.1-2.6, 3.1-3.6 | Records information and conveys details in accordance with requirements and audience needs Inputs data and information using appropriate technology |
Oral Communication | 2.1, 2.4, 2.5, 3.5 | Explains issues and requirements clearly and obtains information from others by listening and questioning |
Interact with others | 2.5, 3.5 | Selects and applies the appropriate form and mode of communication for a specific purpose and audience Collaborates with others to ensure shared understanding of requirements |
Get the work done | 1.1-1.6, 2.1-2.6, 3.1-3.6 | Plans and implements a range of routine and non-routine tasks and effectively achieves required outcomes Recognises potential problems and uses problem solving strategies to address them Recognises the potential of new ideas and opportunities Uses digital technologies and tools to access and record information |
Sectors
Regulation, Licensing and Risk – Intellectual Property