Agriculture TechnologyAgtech Patent Attorney

About Our Principal – Tim Fitzgerald

During his career, Dr Tim Fitzgerald has assisted clients and associates with thousands of patent applications in jurisdictions throughout the world.

Tim has extensive experience with the preparation of technically complex patent specifications, including for biotech patents, medtech patents, and agtech IP subject matter.

IP Flourish can offer fixed pricing for the preparation and filing of patent applications for local clients and foreign associates.

Contact us today for expert guidance on protecting the intellectual property of your business, product or idea.

Call +617 3177 3365 or book a free consultation.



Patent protection provides exclusive rights to commercially use an invention covered by the claims of a granted patent, for the term of the patent. Generally, the term of patent protection is 20 years from the filing date.

Among the requirements for valid patent protection is that the subject matter as claimed is novel and involves inventive steps. Novelty and inventive step criteria are assessed relative to information that is publicly available anywhere in the world. As such, it is important that confidentiality is maintained until the filing of an initial patent application for an invention.

Patent protection is jurisdiction-specific, such that a granted patent in a particular jurisdiction (country or region) is required for the protection of an invention in that jurisdiction. However, the filing of a first patent application in Australia or New Zealand can provide a priority date that can be used worldwide.



Most jurisdictions worldwide offer registered protection for plant varieties in the form of ‘plant variety rights’ or ‘plant breeder’s rights’, or similar. The term of registered protection is generally twenty years from filing, or twenty-five years in the case of tree and vine varieties.

In order to be protected by registration, a plant variety must be ‘distinct’ as compared to the most similar existing variety, ‘uniform’ among siblings of a generation, and ‘stable’ when reproduced across generations (‘DUS’ criteria).

In most jurisdictions, an application for protection for plant variety registration must be filed within a set time from first commercialisation of the variety. In Australia (and many other jurisdictions), this deadline is twelve months from local commercial use or four years from commercial use overseas (or six years in the case of tree and vine varieties).



A registered trade mark in a given jurisdiction provides the exclusive right to use the trade mark as part of branding in that jurisdiction. Trademark registration is typically renewable indefinitely, in ten-year terms.

Although words and logos are commonly registered as trade marks, it is also possible to obtain registration for a variety of other elements associated with a brand, including shape, sound, and even smell.

Commercial use of a registered trade mark is generally required to maintain validity. In Australia, a trade mark registration can be susceptible to removal if not used for a period of three consecutive years after registration.



A registered design provides exclusive commercial rights relating to visual appearance of a product. Registration may be focused on particular parts or elements of a product, although rights are assessed in consideration of the product’s overall appearance.

Both three-dimensional features, such as shape and configuration, and two-dimensional features, such as pattern or ornamentation, can be protected by registered design. There is no requirement that a feature is aesthetically appealing or strongly conspicuous for design registration, although the design elements of the registration must affect the overall appearance of the product.

Unlike patent protection, registered design protection is not adapted for protection of function per se. However, registration of functional features that also affect visual appearance is typically achievable in Australia.



Your business may have IP rights in various other forms, such as:

  • Commercial relationships
  • Copyright and moral rights
  • Website domains
  • Confidential information and trade secrets
  • IT Infrastructure

IP Flourish has access to trusted associates to assist in relation to these and other IP matters outside of our specific practice areas.


Need an Agriculture Patent Attorney? Contact Us

Contact us today for expert guidance on protecting the intellectual property of your agricultural technology, product or idea.

Our firm has locations in Brisbane and the Gold Coast, however, we can assist any business Australia-wide and in New Zealand.

Call +617 3177 3365 or book a free consultation.

Get in touch.

    • Call us now +617 3177 3365
    • PO Box 1109
      Fortitude Valley QLD 4006
    IP Flourish