Who are IP professionals?
An IP professional is an expert in a professional field. They can help you during different stages of your IP journey. They include:
- Trade marks attorneys
- Patent attorneys
- IP lawyers
- IP search firms
- IP monitoring service providers
- Accountants or consultants that specialise in marketing and commercialising IP.
You may need advice from more than one type of professional at different stages of your IP journey.
How can they help me?
An IP professional can provide you with legal, financial or business advice. They can help you to:
- Develop an IP strategy for your business
- Search for existing IP rights similar to yours
- Prepare and file your application
- Develop confidentiality or non-disclosure agreements
- Commercialise your IP
- Monitor potential infringement of your IP and help to enforce your rights
- Provide advice on taking your IP to international markets.
Tips for choosing an IP professional
Here are some suggestions for choosing an IP adviser:
- Ask for recommendations from other business owners or members of your industry association.
- Understand how much you'll be charged and how long the service will take.
- Don't assume that all IP professionals specialise in the type of IP that you have.
- Try to determine if you can establish a trusting relationship. If you don't feel comfortable sharing relevant information, it could be difficult for an adviser to work in your best interests.
Do your homework before you meet
Your time is important and an expert's time can be expensive, so it's useful to prepare before you meet with them. Consider:
- How your idea or invention is different to what's currently in the market; what sets it apart
- Learning more about IP and your specific IP type. Having some basic knowledge will help you to better understand the professional's recommendations
- Researching what your competitors are doing in the market and be ready to share the results. This will help your professional provide informed advice
- Bringing any sketches, plans or documents that you've developed.
If in doubt, ask your IP professional if there is anything that you need to prepare ahead of your meeting.
I need help with...
My application or managing my IP
Trade marks and patent attorneys can provide tailored advice to help protect your IP. They can help you:
- Decide what type of IP is best for your idea
- Apply for and secure IP rights
- Manage your IP once its been granted and monitor the market for possible infringement.
The total cost will depend on the:
- Firm's fees
- Amount of support you need
- Time involved.
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Find an attorney
Search for a registered attorney using the Trans-Tasman IP Attorneys Regulation directory.
Find a registered attorneyAn IP lawyer can provide advice on a legal or ownership framework to protect your business operations. This includes:
- Establishing potential joint venture companies
- Infringement matters
- Developing contracts around your IP.
Get started by searching for a legal firm that specialises in IP. The total cost will depend on the firm's fees, how much support you require and the time involved.
A qualified person (QP) is an expert in a specific plant group. They'll help you throughout the application process and help us certify your growing trial.
You'll need to engage a QP during the first stage of your application. They'll act as your guide and can advise you throughout the process.
If you have questions about Indigenous Knowledge (IK), we're here to help. Our free Yarnline callback service is dedicated to helping people better understand IK and how IP rights can help protect it.
To book an in-depth conversation with one of our specialist team members, give us a call on 1800 316 949 between 9am - 5pm, your local time. We're here from Monday to Friday.
If you need help to conduct a search for existing IP, an IP attorney can help. Most attorneys offer a range of search services across trade marks, patents and designs to help find existing rights that may be similar to yours.
The cost depends on the amount of support that you need and the time required.
My application for IP rights overseas
In most countries you'll need to hire a local agent to act on your behalf.
You should consider hiring an Australian IP attorney, who can then engage an experienced associate in your country of interest.
The local agent will:
- Represent you in all dealings regarding your IP
- Use their address for any correspondence in relation to your matter
- Liaise directly with your Australian attorney.
If you prefer to find your own local agent, you should consider getting legal assistance in each relevant country.
Planning and managing my business
An accountant can advise how your IP can be listed as an asset, assess its value and how to treat it from a tax perspective. For example:
- IP assets can attract capital gains tax and stamp duty, under some circumstances
- Buying, selling or licensing IP rights have tax implications, related to royalties. These are normally viewed as income for tax purposes.
A branding consultant can help create a name or trade mark for your business, corporate entity, products or services.
Your brand name must be marketable and suitable for rights protection to maximise its value.
Branding consultants can also help to create and implement a full corporate, product or services brand and image strategy. This can position you as distinctive, unique and independent in your market.
Franchising consultants can help create new streams of income from your IP by licensing it to third parties.
Export consultants can expand the earning power of your IP, products and services into new geographic and cultural areas.
Management consultants can provide strategic advice based on your business's operating environment. They can review opportunities to expand your business in light of market conditions, financial constraints, management relations issues and external factors such as legislation and government development incentives.
Get started with business.gov.au
business.gov.au covers all you need to know when planning, starting or growing your business. From the basics, like how to register for an Australian business number (ABN), through to the grants, services, and support across government.
Grow with support from AusIndustry
AusIndustry is an initiative that provides support for business to innovate, invest and commercialise. You can access training programs to help transform your business, you may be eligible for funding grants.
Learn from others with the Entrepreneurs' Programme
The Entrepreneurs' Programme gives you access to expert advice and financial grant support to help progress your goals. It offers access to a national network of more than 100 experienced advisers and facilitators.
Learn more about starting an Indigenous business
Indigenous.gov.au offers a wealth of resources to help you understand your business goals, develop your ideas and identify what type of support your business may need.
Look at international opportunities with Austrade
Austrade helps Australian companies grow their business in international markets. It offers support, programs and services to help your business export overseas.