Confidentiality of QSEIF applications and projects
The Queensland department periodically seeks applications from interested parties for grants under the Queensland Sustainable Energy Innovation Fund (QSEIF). QSEIF advisory officers often discuss project proposals to assist applicants and potential applicants to:
- Optimise their technology,
- Assess options to commercialise the technology,
- Refine their funding proposal to best meet the requirements of the applicant and criteria in the QSEIF funding guidelines,
- Consider alternative funding options if these would be better suited to the project.
To provide effective advice, the department officers must develop a detailed understanding of each proposed technology, and how it is expected to be commercialised. This may require applicants to disclose information of a confidential or commercially-sensitive nature. In particular, potential applicants may be concerned about how disclosure of such information could impact on the granting of patent rights.
In this regard, the department maintains confidentiality for information that is clearly identified as confidential by applicants and potential applicants.
Applications will only be sent to external reviewers or members of the Queensland Sustainable Energy Advisory Council who have given a written undertaking to maintain such information in confidence.
However, the non-disclosure of information presented in confidence is subject to the following limitations:
- The department officers will not be restricted in disclosing information which is common knowledge, available in the public domain or considered to be "prior art".
- The department officers are required to comply with due legal process (i.e. in response to a subpoena, court order, etc), which over-ride their obligation to maintain confidentiality.
- In some cases, the department officers may need to discuss confidential files with their Manager, colleagues or senior executives within the EPA. In such cases, the confidential nature of the information will be communicated to the department officers receiving the file.
In many cases, the issue of confidentiality is best addressed by the applicant lodging a provisional patent application to establish a preliminary claim and a "priority date" for submission of a full patent application in selected countries within 12 months. For projects funded through the QSEIF program, up to 10% of QSEIF project funding (up to $10,000) may be allocated to patent costs.
The department generally seeks to achieve wide dissemination of results achieved through QSEIF-funded project through publication of articles in trade magazines and technical journals, and through presentations to conferences and seminars.
In its responsibility to be accountable for expenditure of public funds, the department discloses on its website a brief description of each project approved for funding, the applicant and the amount of QSEIF funding committed. Upon satisfactory completion of the project, the department normally publishes a Project Summary that typically includes:
- a general description of the process/technology and how it works,
- photographs of equipment, materials or process plants developed in the project,
- background information in the public domain; and
- key results or performance achieved for the process/technology developed in the project.
However, the department undertakes to maintain confidentiality for:
- Detailed design information which could adversely impact on the granting of patent protection or maintaining trade secrets, and
- Sensitive commercial information,
which have been clearly identified as confidential when provided to the State.
Specific conditions on maintaining confidentiality is included in each project contract that is agreed and signed by the department and the applicant before any QSEIF funding is paid.
Last updated: 09 April 2008