Benefits of registration

Why become an incorporated attorney?

Registering as an incorporated attorney firm provides you with broader business models and opportunities, similar to legal and accounting firms.

Incorporating can have taxation and legal advantages over operating as an individual or partnership.

The decision to become an incorporated attorney is complex. We recommend that you seek appropriate legal and business advice before making a decision to incorporate.

Where to start

To become an incorporated patent attorney your company must first be registered with either the
Australian Securities & Investments Commission (ASIC) or the Companies Office in New Zealand.

To become an incorporated trade marks attorney your company must be registered with the Australian Securities & Investments Commission (ASIC).

Right to practise

Incorporated patent attorneys

Incorporated patent attorneys can do patents work due to the requirements of having a registered patent attorney listed as attorney director in order to operate. Patents work isn't exclusive to only incorporated patent attorneys. Registered patent attorneys are also able to do patents work. 

An incorporated trans-Tasman patent attorney can practise as a patent attorney in both Australia and New Zealand. 

Section 201 of the Patents Act 1990 - Patents Work means one or more of the following done, on behalf of someone else, for gain:

 (a)  applying for or obtaining patents in Australia or anywhere else;

 (b)  preparing specifications or other documents for the purposes of this Act or the patent law of another country;

 (c)  giving advice (other than advice of a scientific or technical nature) about the validity, or infringement, of patents

Right to title

Only companies that are registered incorporated patent or trade marks attorneys can call themselves or hold themselves out as a patent attorney or trade marks attorney.

Learn how you can broaden your business opportunities through incorporation.