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Home / Careers in IP / Becoming an attorney / Requirements for registering as a patent or trade marks attorney

Requirements for registering as a patent or trade marks attorney

Registering as a patent attorney

A person wishing to practise as a patent attorney in Australia must be registered under section 198 of the Australian Patents Act 1990 (Cth) or section 271 of the New Zealand Patents Act 2013. Registration entitles the person to call themselves a ‘Trans-Tasman patent attorney’, and allows the person to enjoy the right of professional privilege (without which clients’ rights might be adversely affected).To become a registered Trans-Tasman patent attorney, a person must apply to the Trans-Tasman IP Attorney Board (TTIPAB) and:

  • have a degree, diploma or postgraduate qualification in a field of potentially patentable subject matter;
  • have passed (or been exempted from) the prescribed IP subjects or have passed an accredited course of study that satisfies the requirements for registration;
  • be an ordinary resident of Australia;
  • have been employed for a total of two years within a five year period in a position or positions that provide experience in patent searching, drafting patent specifications, preparing, filing and prosecuting patent applications in Australia, New Zealand and overseas countries, and providing advice on infringement and validity of patents; and
  • submit a statement of skill, written by a patent attorney who has been registered for at least five years, attesting that the applicant possesses the necessary skills. The registered patent attorney making the statement will ideally be the attorney who has been involved in supervising the applicant during their employment as a trainee patent attorney.

To ascertain whether your technical qualifications meet the requirements for registration as a Trans-Tasman patent attorney, contact the Trans-Tasman IP Attorneys Board.

Registering as a trade marks attorney

Only those persons on the official Register of Trade Marks Attorneys are entitled to call themselves a “trade marks attorney” in Australia, and to enjoy rights such as professional privilege (without which a client’s rights may be adversely affected).

To become a registered trade marks attorney, a person must:

  • have a degree or diploma or postgraduate qualification; and
  • have passed (or be exempted from) the prescribed IP subjects.

To ascertain whether your qualifications meet the requirements for registration as an Australian trade marks attorney, contact the Trans-Tasman IP Attorneys Board.

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