An Australian patent attorney is specially qualified to act for a patent applicant or patent holder. Patent attorneys can assist clients in the filing, prosecuting (e.g. respond to examination reports) and maintenance of patents as well as the representation of clients in patent oppositions and provision of patent validity and infringement advice.
Australian Patent Attorney Activities
An Australian patent attorney is able to perform the following tasks, as specified in the Institute of Patent & Trade Mark Attorneys of Australia website:
- Determine the nature and ambit of inventions and prepare patent specifications
- Provide intellectual property (IP) advice, and assist IP owners in the registration and maintenance of their IP
- Submit applications for and secure patents, registered trademarks, industrial designs and plant variety types in Australia and offshore
- Assist in the reassignment of technology through licence agreements and other processes
- Carry out IP audits of organisations and products
- Determine whether a development is new and sufficiently inventive enough to justify a patent
- File documents with the relevant patent office, including IP Australia, and direct applications through the process
Australian patent attorneys also assist clients in the management of their IP portfolios, advising on patents and registrations held by others, and on whether developments infringe or might infringe rights held by others.
Australian Patent Attorney Profession
The Professional Standards Board for Patents and Trade Marks Attorneys administers the registration of Australian patent attorneys, as well as the disciplinary regime for the profession in the publishing of a Code of Conduct.
The Institute of Patent & Trade Mark Attorneys of Australia, the professional body governing the patent attorney profession in Australia, comprises hundreds of members who are Australian patent attorneys.
Australian patent attorneys also have a right of privilege in their communication with clients regarding IP issues and have an obligation of confidentiality.
Australian Patent Attorney Qualifications
Australian patent attorneys generally must have completed both an engineering or science degree and a number of topics as set by the Professional Standards Board. These topics may take the form of, for example, a Master of Industrial Property offered by the University of Technology, Sydney.
Important Disclaimer: The information on this website is not legal or professional advice. The information may:
- not be correct;
- only relate to the law or practice in a given country; and/or
- be outdated.
For more information, please contact the Site Administrator: Baxter IP Patent Attorneys Sydney.