In Australia you can’t own a business idea on its own. What you can protect are the things around it. Confidential details can be covered by a confidentiality agreement. Your brand can be protected by a trade mark through IP Australia (a business name registration isn’t the same thing). A genuine invention may be patentable if you haven’t disclosed it publicly. And the written plan itself is covered by copyright automatically. When pitching, share only what’s needed, and follow up by email so there’s a record of what you showed. It also helps to timestamp your plan, deck and model with TimeBinder before each meeting. A timestamp shows those exact files existed no later than a recorded time. It doesn’t show the idea was yours first or stop copying.
Disclosure: I’m Inna Hall, co-founder of TimeBinder, the file timestamping tool mentioned in this guide. This page is general information, not legal advice.
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The hard truth: ideas aren’t property
Most founders hope there’s a form that locks an idea up. There isn’t one. The Attorney-General’s Department, which manages copyright in Australia, says on its Copyright basics page: “Copyright does not protect ideas or information, only the original expression of ideas or information.”
So what protects a business idea in practice is a mix of:
- keeping the valuable details confidential
- registering what can be registered, such as a brand or a genuine invention
- executing well and quickly, because a head start is often the real advantage
- keeping good records of what you had, when, and who you showed it to
If your idea depends on confidential formulas, processes or code, see trade secret records timestamping.
Australian tools that can help
Confidentiality agreements (NDAs)
IP Australia’s page on non-disclosure agreements describes an NDA, or confidentiality agreement, as “a legal contract used to protect sensitive information that needs to be shared with others.” It says that to secure confidentiality, “you should get a signed NDA before telling or showing someone else your” ideas, inventions, designs, recipes or business methods.
Its tips include: “Don’t give away secrets in your agreement”, and “Even when you’ve secured an NDA, you should mark any materials you share with a third party as ‘confidential’”.
Business name vs trade mark
These are often confused. Registering a business name with ASIC is about who’s trading, not about owning the name. IP Australia’s What are trade marks? page says: “registering a business name doesn’t give you exclusive rights to it. Registering a trade mark puts you in a strong position to protect your name and stop others from using it.”
It also notes that “an Australian trade mark only gives you protection in Australia.” If you plan to trade overseas, that’s worth raising with an adviser.
Patents and designs
If your idea involves a genuinely new invention, a patent may be an option. Disclosure timing matters. IP Australia’s page on what to consider before applying for a patent says: “Until you’ve put in a patent application, or decided on another option for your invention, keep it a secret.”
Its advice includes: “Don’t demonstrate, sell or discuss your invention in public” and “When you need to discuss your area of business, talk only about the problem your invention solves, rather than your solution.”
It also describes a 12-month grace period after a public disclosure. Grace periods can be complicated and other countries may treat them differently. Speak to a patent attorney before relying on one. If the value is in how a product looks, a registered design may be relevant. That is also handled by IP Australia.
Copyright in your written plan
Your business plan, pitch deck, financial model and website copy are written works. IP Australia’s Australian IP Report 2026 says copyright “is granted automatically from the time an original work is created and does not need to be registered.” That covers the documents’ wording, drawings and code. It doesn’t cover the underlying idea.
How to protect a business idea in Australia when pitching
Pitching means sharing, so plan what you share. For pitching to an established company, see how to pitch an idea to a company without it being stolen.
- Lead with the problem and the opportunity. Keep the “how” (the method, the recipe, the supplier list, the code) for later stages. This follows IP Australia’s advice to talk about the problem rather than the solution.
- Disclose in stages. A first meeting rarely needs your full model. Share more as trust and commitment grow.
- Ask for an NDA where it makes sense. This is often easier with suppliers, contractors and potential partners. Don’t assume every investor will sign one before a first meeting. Decide in advance what you’re comfortable sharing without one.
- Mark confidential material. IP Australia recommends marking shared materials “confidential”, even when you have an NDA.
- Follow up in writing. After each meeting, send a short email: who attended, what you showed and which files you sent. That gives you a dated record of what was shared, held by both sides.
Building software? See how to protect an app idea before talking to developers. Designing a game? See how to protect a board game idea.
Keep a dated trail before each pitch
If timing is ever disputed, you’ll want to show what your plan looked like, and when. Your own file dates aren’t much help on their own, because they’re easy to change.
Before each pitch, timestamp the exact files you’ll be showing: the plan, the deck and the financial model. TimeBinder works out a hash of each file on your device. A hash is a fingerprint of the file: a short code calculated from its exact contents. Your files are never uploaded. Only the fingerprints are anchored to the Bitcoin blockchain. Later, the TimeBind shows that those exact files existed no later than the recorded time, and that the files you have still match their fingerprints.
- One TimeBind can include up to 10 files, so a plan, deck and model fit easily.
- Pooled (1 Token) is batched and anchored, usually recorded within 24 to 48 hours, and often sooner, depending on Bitcoin network activity, so allow time before the meeting. ASAP (3 Tokens) gets its own Bitcoin transaction.
- Pooled TimeBinds are checked through TimeBinder; ASAP TimeBinds can be checked independently with the certificate and the Bitcoin blockchain.
- Timestamp each new version, not just the first. A series of dated versions tells a clearer story. Our guide to showing a PDF proposal existed before a date walks through it.
If your idea is closer to an invention, see timestamping invention records and how to show you invented something first. If you’re also preparing a statutory declaration about your work, see a Justice of the Peace certified copy vs a timestamp.
Once the business is running, the same habit covers quotes, contracts and condition photos: see timestamping for small businesses.
What each option actually does
| Confidentiality agreement | Trade mark (IP Australia) | Patent / design (IP Australia) | Copyright (automatic) | Timestamp (TimeBind) | |
|---|---|---|---|---|---|
| Protects | What’s shared in confidence | Brand name and logo | An invention / how a product looks | Wording, drawings, code | Nothing. It’s a dated record |
| Cost | From a template to legal fees | Government application and renewal fees | Government fees, plus attorney fees if you use one | Free (automatic) | Free plan: 1 Token a month. Paid Tokens priced in USD |
| Needs the other side’s signature | Yes | No | No | No | No |
| Gives you rights you can enforce | Yes, against the people who signed | Yes, in Australia, for the registered goods and services | Yes, if granted | Yes, over the expression, not the idea | No |
| Shows when your plan existed | No | No | Filing date only | No | Yes, no later than the recorded time |
| Shows who came up with the idea | No | No | No | No | No |
| Better fit when | You must share details with a specific person | You’re building a brand | You have a genuinely new invention or design | Always applies to your documents | You want an independent dated record of exact files |
A timestamp sits alongside the other options. It doesn’t replace any of them. If your main worry is someone using your confidential details, a well-drafted confidentiality agreement does a job a timestamp can’t.
When to see an IP lawyer or patent attorney
Get advice before you pitch if:
- you think you have a patentable invention. Talk to a patent attorney before any public disclosure
- you’re about to sign, or ask someone to sign, a confidentiality agreement
- you’re choosing a brand name and want to check it against existing trade marks
- you think someone has used your confidential information
IP Australia’s IP First Response tool is a useful plain-English starting point. If you need someone to witness a signature or confirm identity rather than date a file, see online notarisation vs a timestamp.
This is general information, not legal advice. For advice about your situation, speak to a lawyer in your country.
What it costs
You can start on the Free plan, which includes 1 Token a month (the Free plan’s monthly Token doesn’t carry over to the next month). A Pooled TimeBind costs 1 Token, covers up to 10 files and is usually recorded within 24 to 48 hours, and often sooner, depending on Bitcoin network activity. An ASAP TimeBind costs 3 Tokens and gets its own Bitcoin transaction. Checking a TimeBind is free. Paid plans and extra Tokens are priced in US dollars; see TimeBinder plans and pricing for current prices.
What a timestamp does and doesn’t do
TimeBinder anchors each file’s SHA-256 fingerprint to the Bitcoin blockchain and gives you a Proof of Time Certificate. That is verifiable evidence of when a file existed: it shows the file existed no later than the anchor time, and any later change to the file is detectable. Your file is hashed in your browser and never uploaded. ASAP TimeBinds can be checked independently from the certificate and the Bitcoin blockchain; Pooled TimeBinds are verified through TimeBinder.
It doesn’t show who created the file, whether its contents are true, or whether AI was used to make it, and it can’t tell you how a court or anyone else will treat it. It also doesn’t cover versions you didn’t TimeBind. Pooled TimeBinds are verified through TimeBinder; ASAP TimeBinds can also be verified independently from the certificate and the Bitcoin blockchain. A TimeBind doesn’t protect an idea, stop anyone copying it, or create, register or replace a trade mark, patent, design or confidentiality agreement.
Frequently Asked Questions
Can I protect a business idea in Australia?
Not the bare idea. The Attorney-General’s Department says copyright “does not protect ideas or information”. You can protect confidential details with agreements, your brand with a trade mark, a genuine invention with a patent, and your written materials through automatic copyright.
Does registering a business name protect it?
No. IP Australia says “registering a business name doesn’t give you exclusive rights to it.” A trade mark is the brand right. Check IP Australia before you settle on a name.
Will investors sign an NDA?
Some will and some won’t, especially at a first meeting. Plan what you can share without one, and keep the most sensitive details for later stages.
Is my business plan copyrighted?
The document’s wording is, automatically, in Australia. The idea it describes isn’t.
Does a timestamp stop someone copying my idea?
No. It shows your plan existed no later than a recorded time, which helps if timing is disputed. It doesn’t stop copying or show who had the idea first.
What does a TimeBind cost?
The Free plan includes 1 Token a month, enough for one Pooled TimeBind of up to 10 files. An ASAP TimeBind costs 3 Tokens. Paid plans and extra Tokens are priced in US dollars, and checking a TimeBind is free.
Plan details were checked against timebinder.io/pricing on 30 October 2026.
