Patent Lawyer Brisbane QLD IP Flourish: Patent Attorney Brisbane

Is your Intellectual Property at Risk?

Business owner pointing to important infomation on handheld tablet screen

Vulnerable Intellectual Property (IP) is a major threat to a thriving business in Brisbane,

Picture this: Your successful Brisbane based business is flourishing due to your innovation and hard work.

But what if a competitor discovers the key to your success? Or worse, they copy your ideas and profit from your intellectual property.

With expert assistance from our IP lawyers, this can all be avoided.

Call: +617 3177 3365 Book A Free Consult

Business owner pointing to important infomation on handheld tablet screen

Intellectual Property Law Services.

With appropriate registered protection, you’ll have the legal right to stop competitors from exploiting your IP.

Call: +617 3177 3365 Book A Free Consult

Meet Your Brisbane Patent Attorney Firm.

CEO Jenny McDiarmid (left) and Principal Patent Attorney Dr Timothy Fitzgerald (right)

Protecting your IP rights doesn't need to be a painful experience

With careful guidance from our experienced team, you can be confident that your crucial IP is secured, providing fertile conditions for your business to thrive.

CEO Ms Jenny McDiarmid draws on international experience as a business manager in Hong Kong, the UK and Australia.

Experts in Australian Patent Law

Principal attorney Dr Tim Fitzgerald has decades of experience in R&D and IP protection.

IP Flourish is absolutely committed to providing the highest level of service for your IP protection needs. We appreciate that your business is unique and that it’s crucial for us to take the time to understand the technical aspects of your operations and your commercial strategy.

Don’t leave your valuable intellectual property vulnerable. With the right protection, your innovative ideas could yield a bumper crop of commercial success!

Book a free consultation with our Brisbane patent attorneys today by calling (07) 3177 3365.

CEO Jenny McDiarmid (left) and Principal Patent Attorney Dr Timothy Fitzgerald (right)


  • Registered Australian and New Zealand Patent Attorney
  • PhD in Plant Molecular Biology
  • Registered Australian Trade Mark Attorney
  • Postdoctoral Research Fellow with CSIRO
  • Qualified Person with the Australian Plant Breeder’s Rights Office
  • Head of Life Sciences at one of Queensland’s largest independent patent IP firms prior to co-founding IP Flourish
  • Bachelor of Applied Science (Honours)

Call: +617 3177 3365 Book A Free Consult

The Plan To Protect Your Business.

3 easy steps to work with our patent attorney.

  1. Book Free Initial Meeting.

    Meet us at our Brisbane office in Fortitude Valley, or we can come to you. We’ll introduce ourselves, learn about your business / technology, and map a path forward for securing your IP.

  2. Draft & File IP Applications.

    We’ll suggest an IP registration strategy and provide a clear overview of the steps and costs involved. We’ll then work diligently and efficiently to prepare your applications, providing drafts and seeking feedback.

  3. Watch Your Business Flourish!

    The right IP strategy and protection provides a range of commercial benefits. You’ll feel confident to invest in your business and reap the benefits of working with a Brisbane patent attorney.

Call: +617 3177 3365 Book A Free Consult

Frequently Asked Questions

Common questions and answers relating to Patent Attorneys and Intellectual Property Law.

What is a patent attorney in Australia?

Patent attorneys are qualified and trained in laws relating to intellectual property (IP) such as patent drafting, trade mark registration, registered design protection, and plant breeder’s rights.

Patent attorneys are also familiar with laws relating to copyright, confidential information, and trade practices.

Patent attorneys can:

  • Advise on intellectual property (IP), and help IP owners register and maintain their rights
  • Prepare patent specifications for client
  • Apply for and secure patents, registered designs, and plant variety rights on behalf of client
  • If also registered as trade mark attorneys, apply for registered trademark on behalf of client
  • Help transfer technology by licensing and other processes
  • Conduct IP audits of organisations and products
  • Advise on patentability of technology that has been developed
  • Assist clients to manage their IP portfolios.
  • Conduct searches of IP rights held by others.
  • Advise on whether developments or commercial activity infringe or might infringe rights held by others

What is the difference between a patent attorney and a patent lawyer in Australia?

At IP Flourish, we are sometimes referred to as a ‘Patent Law Firm’ or ‘Patent Lawyer’. This is a common misconception because technically speaking we are not lawyers. We are specifically registered as a patent and trade mark attorney firm, and the relevant job titles are ‘Patent Attorney’ and ‘Trade Mark Attorney’ – We try to steer clear of being titled ‘Patent Lawyers’ as much as possible.

A patent attorney has a focus on understanding the technical and commercial elements of:

  • inventions and patent drafting
  • filing and prosecuting patent applications
  • giving opinions on inventorship, ownership, patentability, infringement and freedom to operate for financial gain.

A trade mark attorney has similar expertise in relation to the filing and prosecution of trademarks.

Australian lawyers may focus on legal issues in a variety of areas, including commercial law, employment law, and family law. A lawyer’s role may involve the use of court actions for enforcing or resolving legal disputes. Patent attorneys do not themselves litigate in court, although they are commonly involved in court proceedings involving IP rights.

Can a patent attorney steal your idea or invention?

Registered patent attorneys are obligated to act in their client’s best interests and to preserve the confidentiality of client information. Misuse of information provided to a patent attorney by a client or prospective client is grounds for removal from the register.

Accordingly, details of an invention can be disclosed to a registered Australian patent attorney knowing that there is a strict obligation for the attorney not to misuse this information, including by ‘stealing ideas’. It is also relevant to note that professional privilege protects communications between Australian patent attorneys and their clients.

What is a patent?

A patent is a form of intellectual property providing a legally enforceable right in relation to commercial use of  an invention.

Among the requirements for patent protection of an invention is that:

  1. The invention is new (‘novel’)
  2. The invention is non-obvious (involves ‘inventive step’)

Notably, if you have demonstrated, sold, or discussed your invention outside of strict confidentiality prior to submitting a patent application, this can jeopardise your ability to obtain patent protection.

A granted patent provides you with exclusive commercial rights to your invention that can be enforced against other parties in court, if necessary. A patent also provides options for licencing or assigning rights to your invention to other parties.

Who should apply for the patent?

To be eligible for a patent, the applicant (or applicants) should be:

  • the inventor(s)
  • the person who has legally obtained rights to the invention from the inventor(s)
  • the employer of the inventor(s), where the invention was developed in the course of normal employment duties.

An address for legal service will need to be provided for a patent application. Notably, patent attorneys are registered in a jurisdiction-specific manner; e.g. an Australian registration is required for an attorney to act before the Australian patent office.

Are patents / patent attorneys worth the money?

A patent attorney will do a far better job of drafting a patent specification an applying for a patent than you could hope to do yourself. Due to the complexity and specific nature of patent law, it is very common for critical errors to be made when non-attorneys attempt to ‘self-draft’ and/or ‘self-file’ patent applications.

A granted patent provides you with exclusive rights in relation to the commercial use of your invention. This can allow you to prevent competitors from selling your technology leading to higher pricing and/or sales volume. For commercially successful technologies, the costs of patent protection can be very small relative to the commercial benefit provided. Additionally, having a patent application filed can provide substantial advantages for negotiations with investors or commercial partners.

Accordingly, there are very real commercial benefits associated with obtaining assistance and expert advice from a registered patent attorney. While it may be tempting to try to handle patent protection alone to minimise expense, this can ultimately be an extremely costly mistake.

Is IP Flourish local to Brisbane QLD?

Yes, we operate in Brisbane QLD and on the Gold Coast QLD with offices in both locations – Please contact us to arrange an appointment.

Get in touch.

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