Best Intellectual Property Lawyers in Australia
Updated 22 September 2026
Compare intellectual property lawyers in Australia by city; an IP lawyer registers and enforces trade marks under the Trade Marks Act 1995 (Cth), where a standard IP Australia application costs from $250 per class and a registration lasts 10 years before renewal. IP lawyers also protect copyright, designs and patents, draft licences, and run infringement disputes in the Federal Court of Australia.
Before you contact an IP lawyer, search IP Australia's trade mark and patent databases, and gather evidence of when you first used your brand or created your work. If someone has sent you a letter alleging infringement, keep it and note the deadline it sets. A trade mark lawyer (or IP lawyer) can advise whether the claim has merit before you reply. The lists below are ordered using the method explained in how we rank law firms.
Editor's picks
Chosen by our editors from verified facts and always labelled. Shown separately from the data-ranked list. How we rank law firms
FAL Lawyers
FAL Lawyers is a commercial law firm in Melbourne and Canberra, founded in 1993, acting for corporate, not-for-profit and government clients.
- Offices in Melbourne (Level 45, 600 Bourke Street) and Canberra.
- Founded in 1993, originally focused on technology and intellectual property law.
- Now also acts in corporate and commercial law, insolvency, litigation, education, health and public sector matters.
Melbourne VICCanberra ACT
View firm profileTop-rated intellectual property lawyers by city
Sydney
Full ranking →- 1
Truth Lawyers★★★★★ 5.0 (356) - 2
Mistry Fallahi★★★★★ 5.0 (286) - 3
Patentec★★★★★ 5.0 (189)
Melbourne
Full ranking →- 1
Nevile & Co. Lawyers★★★★★ 4.9 (269) - 2
IP Savvy★★★★★ 5.0 (88) - 3
BRM Patent Attorneys★★★★★ 5.0 (86)
Brisbane
Full ranking →- 1
MAP Lawyers | True Queensland Conveyancers★★★★★ 5.0 (608) - 2Solomons Legal★★★★★ 5.0 (122)
- 3
ADVIILAW★★★★★ 5.0 (109)
What does an intellectual property lawyer do?
An intellectual property lawyer advises on the ownership, registration, use and enforcement of IP rights. Typical tasks are:
- Search and clear new brand names before launch.
- File and prosecute trade mark applications with IP Australia.
- Oppose, or defend oppositions to, trade mark, patent and design applications.
- Draft licences, assignments, confidentiality agreements and IP clauses in commercial contracts.
- Send and respond to letters of demand alleging infringement.
- File and defend infringement proceedings in the Federal Court.
- Lodge a Notice of Objection so that imported goods that infringe a registered trade mark can be seized at the border.
- Advise on copyright in software, content and creative works.
- Appeal decisions of the Registrar of Trade Marks or the Commissioner of Patents.
What are the main types of intellectual property?
Australian law protects 6 main types of intellectual property. IP Australia administers the registered rights; copyright and circuit layouts arise automatically.
| Type | Main Act | Registration | How long it lasts |
|---|---|---|---|
| 1. Trade mark | Trade Marks Act 1995 (Cth) | IP Australia; from $250 per class | Up to 10 years, then renewable |
| 2. Patent | Patents Act 1990 (Cth) | IP Australia; provisional from $100, standard from $400 | Up to 20 years (25 for pharmaceuticals), if renewal fees are paid |
| 3. Design | Designs Act 2003 (Cth) | IP Australia; from $200 | Up to 10 years (renewal at 5 years) |
| 4. Copyright | Copyright Act 1968 (Cth) | None; free and automatic | Varies by type of work |
| 5. Plant breeder's rights | Plant Breeder's Rights Act 1994 (Cth) | IP Australia | Varies by plant type |
| 6. Circuit layout rights | Circuit Layouts Act 1989 (Cth) | None; automatic | Set by the Act |
Fees are IP Australia's official fees for online filing, as at September 2026. They exclude professional fees.
Patent attorney, trade marks attorney or IP lawyer: who do you need?
You need a patent or trade marks attorney to prepare and prosecute applications, and an IP lawyer when a dispute is heading to court.
| Point | Patent or trade marks attorney | IP lawyer |
|---|---|---|
| Registration | Trans-Tasman IP Attorneys regulator | State practising certificate |
| Background | Patent attorneys hold technical qualifications (for example engineering, science or IT) | Law degree and admission as a lawyer |
| Main work | Searches, specifications, applications, examination responses, oppositions | Contracts, letters of demand, infringement disputes, Federal Court litigation |
| Typical cost to prepare a patent application | $4,000–$7,000 in professional fees, according to IP Australia | Usually not the lead on patent drafting |
Many IP disputes use both. The attorney handles the technical and registry side, and the lawyer runs the litigation.
When do you need an intellectual property lawyer?
You need one when your rights are being used without permission, when you receive an infringement allegation, or before you sign a deal that transfers or licenses IP.
When someone is copying your brand, product or content
Infringement action is usually brought by the owner of the IP right, or sometimes an exclusive licensee. The Federal Court's Intellectual Property National Practice Area hears patents, trade marks, copyright, designs, circuit layouts and plant breeder's rights cases. IP Australia notes that infringement proceedings also allow the other side to challenge the validity of your right.
When you receive an infringement letter
Ignoring the letter rarely ends the matter, and what you say in reply can affect your position, so a lawyer can review it before you respond. IP Australia notes that an unfounded claim of infringement can itself result in liability for damages, so both the sender and the recipient need to get the claim right.
When someone applies for a similar trade mark or patent
You can oppose the application at IP Australia, or request removal of a trade mark for non-use. These registry disputes are usually cheaper than court.
When you buy, sell or license a business
Due diligence confirms who owns the brand, code and content. A lawyer drafts the assignment or licence so the rights actually transfer.
How much does an intellectual property lawyer cost?
IP lawyers in Australia typically charge between $350 and $900 or more per hour plus GST, and many offer fixed fees for trade mark filings. These are market estimates, not official rates, and they vary by firm and matter.
| Matter | Typical fee model | Typical range (estimate, plus official fees) |
|---|---|---|
| Trade mark search and application | Fixed fee | $800–$2,500 per class |
| Letter of demand or response | Fixed fee or hourly | $1,500–$5,000 |
| Trade mark opposition | Hourly or staged fixed fees | $5,000–$30,000+ |
| Licence or assignment | Fixed fee or hourly | $2,000–$10,000 |
| Federal Court infringement case | Hourly | $100,000–$500,000+ |
In NSW, Victoria and Western Australia, section 174 of the Legal Profession Uniform Law requires your lawyer to disclose the basis of costs and an estimate of total costs at the start.
How to choose an intellectual property lawyer
Use checks you can verify:
- Practising certificate. Confirm a current certificate on the state law society or regulator register.
- Attorney registration. If the work involves filing, check the Trans-Tasman IP Attorneys register for a registered patent or trade marks attorney on the team.
- Right type of IP. IP Australia advises not to assume every IP professional specialises in your type of IP. Ask about recent trade mark, copyright or patent matters.
- Court experience. For disputes, ask about Federal Court IP proceedings and which barristers the firm briefs.
- Written costs disclosure. Expect an estimate that separates official fees from professional fees.
Firms in the main IP markets are compared under Intellectual Property Lawyers in Sydney, Intellectual Property Lawyers in Melbourne and Intellectual Property Lawyers in Brisbane.
Intellectual Property Lawyers by location
Related guides and practice areas
An IP dispute often starts with a Letter of Demand, which sets out the claim and the deadline to respond. Licences, franchise agreements and business sales that carry IP are drafted by Commercial & Business Lawyers in Australia, and infringement claims that go to trial are also run by Litigation Lawyers in Australia. For general questions to ask at a first meeting, see How to Choose a Lawyer in Australia, and for fee models across practice areas, see How Much Does a Lawyer Cost in Australia?.
Frequently asked questions
How much does it cost to register a trade mark in Australia?
IP Australia's standard application fee is $250 per class using the picklist, or $400 per class without it, as at September 2026. The TM Headstart pre-application service costs at least $330. Lawyer or attorney fees are extra.
How long does trade mark registration last?
A registered trade mark lasts up to 10 years before it must be renewed. IP Australia says registration takes at least 7 months.
Do I need to register copyright in Australia?
No. Copyright protection is free and automatic from the moment an original work is recorded, and there is no registration system. The Attorney-General's Department administers copyright policy.
Can I still apply for an innovation patent?
No. The last day to file an innovation patent was 25 August 2021. Existing innovation patents filed on or before that date continue until they expire.
Is an IP lawyer the same as a trade marks attorney?
No. A trade marks attorney is registered with the Trans-Tasman IP Attorneys regulator and files and prosecutes trade mark applications. An IP lawyer holds a practising certificate and also runs disputes and court proceedings. Some people hold both qualifications.