Intellectual property policies

The revised WA Health Intellectual Property policy (MP 0156/21) was released on 10 February 2025. The policy specifies processes that must be followed for the management of IP by WA health system entities (Health Service Providers and the Department of Health) to facilitate compliance with:

1. The Western Australian Government intellectual property policy 2023, which provides a management framework to ensure WA Government agencies use their IP to maximise public benefit, knowledge transfer and encourage innovation.
2. Sections 13(2)(d) and 36(3)(f) of the Health Services Act 2016, which state that the Minister, and the Health Service Providers, may develop and turn to account any technology, software or other intellectual property that relates to their functions and, for that purpose, apply for, hold, exploit and dispose of any patent, patent rights, copyright or similar rights.
3. Chapter 7: Asset Management, of the WA Health Financial Management Manual. Section 701 of this manual refers to intangible assets, which would include IP with commercial potential. It requires that all WA Health officers are to ensure that the policy and its procedures relevant to this section are complied with and will be held accountable for any non-compliance.

The Western Australian Government intellectual property policy 2023 provides guidance to WA Government agencies in relation to the creation, protection, management, use and disposal of IP. This policy applies to activities utilising Western Australian Government resources that are undertaken by agencies and their employees, contractors, grant or funding recipients, researchers, collaborative organisations, and commercial bodies under the control of agencies.

About the IP policy

The WA Health Intellectual Property Policy is contained within the Department of Health Research Policy Framework, which specifies the research requirements that all Health Service Providers must comply with in order to ensure effective and consistent research activity across the WA health system.

This policy is also consistent with Strategy 8, Recommendation 28, of the 2019 Final Report of the Sustainable Health Review, which recommends the establishment of a WA health system central unit to provide advice and guidance on innovation such as intellectual property, legal, marketing and commercialisation protocols; and facilitate sharing and connecting of innovative work across the health system.

It is a mandatory requirement for the Department of Health pursuant to:

• Section 26(2)(l) of the Health Services Act 2016, and
• Section 29 of the Public Sector Management Act 1994.

This policy supersedes IC 0228/15 intellectual property management in WA Health. 

More information

Office of Medical Research and Innovation
Email:DOH.OMRI@health.wa.gov.au
Postal address:
Office of Medical Research and Innovation
Department of Health
PO Box 8172
Perth Business Centre 6849