Eligibility requirements

The Board has established a curriculum of studies that meets the minimum knowledge requirements according to the Patents Regulations 1991.

The curriculum consists of nine topic groups. Each group covers content that provides an appropriate level of understanding of a specific area. Together, they cover all the content required to prepare students to practise as a Trans-Tasman patent attorney.

The topic groups are:

A1 - Legal Process and A2 - Overview of Intellectual Property

Australian and New Zealand legal systems and how intellectual property rights may be protected.

B - Professional Conduct

Rights, privileges and responsibilities of a patent attorney.

C - Trade Marks Law

Principles of trade marks and the trade marks system in Australia and New Zealand.

D - Trade Marks Practice

Prosecution and maintenance of trade marks applications in Australia, New Zealand and other countries.

E - Patent Law

Principles of patents and the patent systems in Australia and New Zealand.

F - Patent System

Prosecution and maintenance of patent applications in Australia, New Zealand and other countries.

G - Drafting Patent Specifications

How to find relevant information and draft a specification to accompany various types of patent applications.

H - Interpretation and Validity of Patent Specifications

Interpretation of patent specifications to advise on infringement, validity and grounds of revocation and amendment.

I - Designs Law and Practice

Prosecution and maintenance of design applications in Australia, New Zealand and other countries.

The following universities currently offer Board accredited courses:

• University of Auckland
• University of Melbourne
• University of Technology Sydney (UTS)
• Victoria University of Wellington (VUW)

You have 10 years from the date of completing the first subject to seek approval from the Board for your knowledge requirement and apply for registration with the Designated Manager.

Australia

University of Melbourne

University of Technology Sydney

New Zealand

University of Auckland

Victoria University of Wellington

Previously offered accredited courses

The following universities previously offered Board accredited courses:

• Monash University
• Queensland University of Technology (QUT)
• University of Melbourne
• University of Technology Sydney (UTS)

These accredited courses are valid for 10 years from the date of completion. You need to have completed the courses within the indicated timeframes stated to gain approval of knowledge requirement and apply for registration.

Victoria University of Wellington

Monash University

Queensland University of Technology

University of Melbourne

University of Technology Sydney

A statement of skill is a declaration you provide to the Designated Manager as part of your application for registration. The Statement of skill is written by an experienced patent attorney who has supervised your work. The patent attorney describes why, in their opinion, you have the necessary experience in one or more of the five required skills listed above.

The purpose is to demonstrate that you have met the employment requirements and have the necessary practical experience and skills to practise as a patent attorney.

Who can provide a statement of skill

The statement must be provided by a patent attorney who has been a registered trans-Tasman patent attorney for at least five years.

You can provide multiple statements of skills from multiple patent attorneys, which is useful if you have had multiple supervisors or employers. The statements can be separate or the supervisors can collate their observations into a single statement.

If you are unable to obtain a statement of skill from a registered patent attorney, you can request that the Board provide one for you. You can do this by providing a declaration to the Board explaining your situation and why you can’t obtain a statement. The Board may agree to assess a declaration and portfolio of work and provide a statement of skill on your behalf.

The Board will not prepare a statement of skill if you have never been employed under the supervision of a registered patent attorney.

What to include

The statement of skill should include:

• An explanation of why the registered patent attorney can comment on your experience
• Details of the duration and nature of your employment
• A description of the type of work you performed
• Confirmation that the registered patent attorney believes you have experience in one or more of the five required skills
• A detailed explanation (including examples) supporting the registered patent attorney's opinion
• A description of other skills you have gained, such as opposition procedures, IP portfolio management, and practice management.

Key points

• You need to have significant experience preparing, filing and prosecuting patent applications in both Australia and New Zealand.
• If you haven't gained experience providing patent services to clients while supervised by a patent attorney you are unlikely to be able to meet all of the requirements. Some of the skills, such as searching, could be gained partly through related roles such as IP portfolio manager. However, services that patent attorneys provide to clients is the focus of the five skills.
• Your statement of skill needs to provide sufficient examples to show you have sufficient experience in the each of the skills. One or two examples against each of the five skills is unlikely to be sufficient.

You can find detailed instructions on how to complete a statement of skill in the template below.