Membership Levels & Requirements

The members of the Institute are divided into six classes, styled respectively, Fellows, Ordinary Members, Student Members, Overseas Members, Distinguished Fellows and Emeritus Fellows.

Fellows shall comprise every patent attorney who was a Fellow on 9 March 2012, and every patent attorney or trade marks attorney who has been duly elected or transferred into the class of Fellows. Every candidate for election or transfer into the class of Fellows shall:

(i)

(a) be of good repute;

(b) be ordinarily resident in Australia;

AND EITHER

(ii)

(a) be a patent attorney registered in Australia;

(b) in the opinion of Council, by reason of his or her qualifications in connection with science or engineering, be so qualified as to be able substantially to advance the objects of the Institute; and

(c) have, for not less than five years from the date of registration as a patent attorney, in the opinion of Council, been engaged in Australia in carrying out the professional work of a patent attorney (which may include work relating to trade marks), such work constituting the candidate’s main professional activity;

OR

(iii)

(a) be a trade marks attorney registered in Australia, and

(b) in the opinion of Council, by reason of his or her qualifications and in connection with science, engineering, law, economics, commerce or the arts, be so qualified as to be able substantially to advance the objects of the Institute; and

(c) have, for not less than five years from the date of registration as a trade marks attorney, in the opinion of Council, been engaged in Australia in carrying out the professional work of a trade marks attorney, such work constituting the candidate’s main professional activity.

Ordinary Members comprise every person who was an Associate Member (an old class of member) of the Institute on 25 April 1998, and every person thereafter duly elected or transferred into the class of Ordinary Member. Every candidate for election or transfer into the class of Ordinary Member shall:

  • be of good repute;
    • and either (i) be a patent attorney registered in Australia; or
    • (ii) be a trade marks attorney registered in Australia; or
    • (iii) in the opinion of the Council, by reason of his or her qualifications in and connection with the law, science, engineering or the arts, be so qualified as to be able substantially to advance the objects of the Institute.

Student Members comprise every person who was a Student Member on 25 April 1998 and every person thereafter elected into the class of Student Member. Every candidate for election as a Student Member shall:

  • be of good repute;
  • not be a patent attorney or a trade marks attorney registered in Australia;
  • either:
    • (i) be engaged at the time of election, and have been so engaged for a period of at least six months, as a pupil or assistant by or under the supervision of a patent attorney or trade marks attorney registered in Australia, or
    • (ii) be engaged at the time of election, and have been engaged in Australia for a period of at least six months, in carrying out legal and/or technical work related to industrial property in a department of a firm, corporation or organisation in Australia which is engaged in the carrying out of the industrial property the firm, corporation or organisation; and
  • have entered or shall propose to enter for at least one of the subjects of the examinations prescribed for the registration of patent attorneys or trade marks attorneys in Australia.

Overseas Members comprise every person who was an Overseas Member on 25 April 1998 and every person thereafter who is duly elected or transferred to the class of Overseas Member. Every candidate for election as an Overseas Member shall:

  • be of good repute;
  • be qualified to practise and be carrying on practice in a place outside Australia as a patent attorney, trade mark attorney, patent agent or trade mark agent, or in some other capacity which, in the opinion of the Council, is the equivalent thereof in that place;
  • not have an office or place of business in Australia;
  • not be ordinarily resident in Australia

Distinguished Fellows comprise every person who was an Honorary Member of the Institute on 8 April 2011 and every person thereafter who is duly elected to the class of Distinguished Fellow.  Every Distinguished Fellow is a person who, in the opinion of the Council, have rendered or are able to render such assistance in promoting the objects of the Institute as to merit their admission as a Distinguished Fellow.  Any Distinguished Fellow who may be a Fellow in active practise as a patent attorney within Australia may designate himself or herself a Fellow and retain the privileges of a Fellow.

Emeritus Fellows comprise former Fellows who have been duly transferred into the class of Emeritus Fellow.  Every candidate for transfer into the class of Emeritus Fellow shall:

  • at the time of the transfer be a Fellow and have, at that time, been a Fellow for a period of at least ten years;
  • be of good repute;and
  • no longer be registered as a patent attorney in Australia;or
  • otherwise, no longer be actively practising.

Emeritus Fellows do not retain voting rights of Fellows.