T. Patten

Toby Patten

Baker & McKenzie


Toby Patten is a partner in Baker McKenzie's Technology and Healthcare teams in Melbourne. He joined the Firm in March 2005.

Practice Focus

Toby has more than 15 years' experience in technology, healthcare, privacy and intellectual property commercial law. Prior to joining the Firm, he worked in the legal commercial and procurement section of Coles Myer, Australia’s largest non-government employer. He also worked for the Victorian State Government and in national firms.

Representative Legal Matters


  • Drafting and negotiating IT outsourcing agreements for the outsourcing of data warehousing services to be provided across multiple jurisdictions.
  • Working with in-house commercial and IT procurement teams for domestic and multinational clients, including extended client secondments with technology clients.


  • Negotiating long-term patent licensing within specified fields and territories as part of a global sale, and providing follow-up advice to resolve disputes over the enforcement of the licensed rights.
  • Negotiating long-term licensing, marketing and royalty sharing arrangements between an Australian biotech developer and a global pharma licensee and promoter of product.
  • Advising on legacy licensing arrangements following a sale of business.


  • Conducting privacy gap analyses for numerous clients and the provision of detailed reports.
  • Providing privacy advice for a range of local and international clients, including in relation to specific issues such as data breach notification, management of big data and product development.


  • Advising on the drafting of template agreements for use by commercial professionals.
  • Advising on the preparation and review of tender documentation.
  • Assisting commercial teams in their negotiations with customers and suppliers, including deviations from standard terms and associated risk assessments, and preparing responses for commercial teams to send directly to customers/suppliers.

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Professional Associations and Memberships

  • Certified Information Privacy Manager (IAPP CIPM)


  • Victoria~Australia (1997)


  • Bond University (LL.B. Hons) (1994)
  • RMIT (BSc Hons) (1991)


  • English