Before applying to the Designated Manager to become a registered patent attorney, make sure that you seek approval from the Board to confirm you meet the eligibility criteria.
- Hold appropriate academic qualifications
- Demonstrate IP knowledge, including patent law and practice
- At least two years patents work experience in Australia and/or New Zealand
- Demonstrate good integrity and character
Academic qualifications
When applying for registration, you will need to provide the Designated Manager with evidence from the Board that you have met the qualification requirements.
When applying to the Board for approval of your qualifications, the Board will require you to have a qualification in a field of science or technology that contains potentially patentable subject matter. You also must have studied the potentially patentable subject matter in sufficient depth.
Your qualification can be completed from any university worldwide, however it must be at least a level 5 (diploma level) under the Australian Qualifications Framework (AQF) or the New Zealand Qualifications Framework (NZQF).
Your qualification will be considered at a Board meeting. With the outcome of your application emailed within 10 business days after the meeting.
What kinds of qualifications are acceptable?
A patent attorney needs to understand the inventions their clients are trying to protect. Therefore, you need to have studied one of the many fields of science or technology that contain inventions which can be patented.
Only the Board can decide whether your qualification is appropriate.
Disciplines that typically include patentable subject matter include:
- Biotechnology
- Chemistry
- Chemical engineering
- Applied physics
- Mechanical engineering
- Mechatronics
- Electronics
- Computer engineering.
Not all fields of science and technology contain patentable subject matter. Some qualifications may be in a field that doesn't always involve patentable subject matter, such as a qualification in computer science where only software engineering is studied, or some qualifications in theoretical physics.
For more information on patentable subject matter, visit the IP Australia and IPONZ websites.
How much breadth and depth of study is required?
Along with covering the appropriate subject matter, you need to have studied it in sufficient breadth and depth.
Breadth — typically achieved by studying a significant number of subjects in the relevant field in the early years of a degree.
Depth — usually met by six successive semesters of study, with subjects that increase in complexity. This can typically be achieved by a major in a bachelor's degree.
Your qualifications may not be acceptable if your subject matter study was narrow or if your studies did not cover sufficiently advanced topics. This can sometimes happen if you studied a combined degree.
Knowledge requirements
When applying for registration, you will need to provide the Designated Manager with evidence from the Board that you have the knowledge of IP Law and Practice.When applying to the Board to have your knowledge requirements approved, the Board will need to assess your knowledge by way of completed course/s of study detailing the knowledge of Australian and New Zealand intellectual property law and practice required to practise as a patent attorney.
Courses need to include an appropriate level of:
- Knowledge in order to give advice about applicable categories of protection for particular activities.
- Appreciation of the advantages of each form of protection for a client.
- Understanding how to get and maintain appropriate protection for a client.
- Understanding the required standard of professional conduct.
You can meet the knowledge requirements by:
- Satisfactorily completing Board accredited courses of study.
- Applying and gaining approval for exemption/s from the Board for course/s of study you have completed outside the non-accredited courses that have been approved by the Board.
How to apply for approval of knowledge requirements:
- Accredited courses - Submit the approval of knowledge requirements application form to the Board along with academic transcript/s from accredited courses of study. Noting that you have 10 years from the first course completed to apply to the Designated Manager for registration.
- Non-accredited courses - Before submitting your application for approval of knowledge requirements to the Board, you will need to submit any applications for exemptions for any non-accredited courses of study you have completed for the Board to consider. This involves:
- completing the exemption form/s
- providing the academic transcript/s and course outlines about non-accredited courses of study you have completed that cover the required content listed within the exemption forms. Any exemptions granted by the Board have a validity of 5 years, in which you need to apply to the Designated Manager to seek registration as a Patent Attorney.
The Secretary to the Board has delegation to approve your application for approval of patent knowledge 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
| Topic Group(s) | Currently offered courses | Accredited dates |
|---|---|---|
| A1: Legal Process and A2: Overview of IP |
Australian Legal Process and Legal Institutions [ALPLI] or Fundamental of Common Law [LAWS70217] AND Overview of Intellectual Property (OIP) or Fundamentals of Intellectual Property [LAWS90125] |
7 Apr 2020 - 7 Apr 2025 |
| B: Professional Conduct and D: Trade Marks Practice |
Trade Marks Practice [LAWS90035] | 7 Apr 2020 - 7 Apr 2025 |
| C: Trade Marks Law | Trade Marks and Unfair Competition [LAWS70046] | 7 Apr 2020 - 7 Apr 2025 |
| E: Patent Law | Patent Law [LAWS70021] | 7 Apr 2020 - 7 Apr 2025 |
| F: Patent System | Patent Practice [LAWS70060] | 7 Apr 2020 - 7 Apr 2025 |
| G: Drafting of Patent Specifications | Fundamentals of Patent Drafting [LAWS70387] | 16 Nov 2018 - 16 Nov 2028 |
| H: Interpretation and Validity of Patent Specifications | Interpretation and Validity of Patent Specifications [LAWS70061] | 7 Apr 2020 - 7 Apr 2025 |
| I: Designs Law | Designs Law and Practice [LAWS70261] | 7 Apr 2020 - 7 Apr 2025 |
University of Technology Sydney
| Topic Group(s) | Currently offered courses | Accredited dates |
|---|---|---|
| A1: Legal Process and A2: Overview of IP and B: Professional Conduct |
Preparing for Intellectual Property Practice [77905] | 23 Mar 2018 - 23 Mar 2028 |
| C: Trade Marks Law | Trade Marks Law [77889] | 23 Mar 2018 - 23 Mar 2028 |
| D: Trade Marks Practice | Trade Marks Practice [77890] |
23 Mar 2018 - 23 Mar 2028 |
| E: Patent Law | Patent Law [77898] | 23 Mar 2018 - 23 Mar 2028 |
| F: Patent System | Patent Systems [77891] | 23 Mar 2018 - 23 Mar 2028 |
| G: Drafting of Patent Specifications | Drafting of Patent Specifications [77894] | 23 Mar 2018 - 23 Mar 2028 |
| H: Interpretation and Validity of Patent Specifications | Interpretation and Validity of Patent Specifications [77895] | 23 Mar 2018 - 23 Mar 2028 |
| I: Designs Law | Designs Law and Practice [77893] | 23 Mar 2018 - 23 Mar 2028 |
New Zealand
University of Auckland
| Topic Group(s) | Currently offered courses | Accredited dates |
|---|---|---|
| A1: Legal Process and A2: Overview of IP and B: Professional Conduct |
Intellectual Property and Practice [LAWCOMM 772] | 18 Nov 2021 - 18 Nov 2026 |
| C: Trade Marks Law | Trade Marks and Related Rights [LAWCOMM 796] | 18 Nov 2021 - 18 Nov 2026 |
| D: Trade Marks Practice | Trade Marks Practice [LAWCOMM 782] | 30 Nov 2023 - 30 Nov 2028 |
| E: Patent Law | Patent Law [LAWCOMM 793] | 30 Nov 2023 - 30 Nov 2028 |
| I: Designs Law | Copyright and Design [LAWCOMM 795] |
26 Jul 2022 -
|
Victoria University of Wellington
| Topic Group(s) | Currently offered courses | Accredited dates |
|---|---|---|
| A1: Legal Process | Legal Systems & Sources of Law [LAWS 552] | 6 Dec 2022 -
5 Dec 2027 |
| A2: Overview of IP | NZ & Australian IP Law [ LAWS 551] | 6 Dec 2022 -
5 Dec 2027 |
| C: Trade Marks Law |
Trade Marks Law and Unfair competition Law [LAWS 536] |
6 Dec 2022 -
5 Dec 2027 |
| E: Patent Law | Patent Law [LAWS 537] | 6 Dec 2022 -
5 Dec 2027 |
| G: Drafting Patent Specifications | Patent Drafting [LAWS 555] | 6 Dec 2022 -
5 Dec 2027 |
| H: Interpretation and Validity of Patent Specifications |
Interpretation & Validity of Patent Applications [LAWS 554] |
6 Dec 2022 -
5 Dec 2027 |
| I: Designs Law |
New Zealand and Australian Copyright and Designs Law [LAWS 530] |
6 Dec 2022 -
5 Dec 2027 |
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
| Topic Group(s) | Previously offered courses | Accredited dates |
|---|---|---|
| A2: Overview of IP | New Zealand and Australian Intellectual Property Law [LAWS 551] | 5 Jan 2017 - 5 Jan 2022 |
| C: Trade Marks Law | Trade Mark Law and Unfair Competition [LAWS 536] | 5 Jan 2017 - 5 Jan 2022 |
| E: Patent Law | Patent Law [LAWS 537 | 7 Jul 2017 - 7 Jul 2022 |
Monash University
| Topic Group(s) | Previously offered courses | Accredited dates |
|---|---|---|
| A1: Legal Process | LAW5080 - Australian Legal System | 9 Sep 2014 - 1 Dec 2019 |
| A1: Legal Process and B: Professional Conduct |
LAW7212 - Legal Process and Professional Conduct | 1 Jul 2011 - 1 Jul 2016 |
| A2: Overview of IP | LAW75340 - Intellectual Property |
9 Sep 2014 - 1 Dec 2019 |
| B: Professional Conduct | LAW5341 - Trade Mark Practice |
9 Sep 2014 - 1 Dec 2019 |
| C: Trade Marks Law | LAW5316 - Trade Marks and Commercial Designations |
9 Sep 2014 - 1 Dec 2019 |
| D: Trade Marks Practice | LAW5341 - Trade Mark Practice or LAW7224 - Trade Mark Practice |
9 Sep 2014 - 1 Dec 2019 |
| E: Patent Law | LAW5321 - Protecting Commercial Innovation patents and trade Secrets |
9 Sep 2014 - 1 Dec 2019 |
| F: Patent System | LAW7452 - Patent Practice | 25 Nov 2011 - 25 Nov 2016 |
| G: Drafting of Patent Specifications | LAW7465 - Drafting Patent Specifications | 25 Nov 2011 - 25 Nov 2016 |
| H: Interpretation and Validity of Patent Specifications | LAW7466 - Interpretation and Validity of Patent Specifications | 25 Nov 2011 - 25 Nov 2016 |
| I: Designs Law | LAW5346 - Design Law and Practice | 13 Nov 2015 - 13 Nov 2020 |
Queensland University of Technology
| Topic Group(s) | Previously offered courses | Accredited dates |
|---|---|---|
| A1: Legal Process and A2: Overview of IP |
LWN401 - General Introduction to Intellectual Property Law | 18 Sep 2013 - 21 Mar 2024 |
| C: Trade Marks Law | LWN404 - Trade Marks, Domain Names and Geographical Indications | 18 Sep 2013 - 21 Mar 2024 |
| D: Trade Marks Practice | LWN409 Trade Marks Practice | 16 Nov 2018 - 16 Nov 2023 |
| E: Patent Law | LWN402 - Patents and Biotechnological Interventions | 18 Sep 2013 - 21 Mar 2024 |
| F: Patent System | LWN410 - Patent Systems | 16 Nov 2018 - 16 Nov 2023 |
| I: Designs Law | LWN405 - Industrial Design and Plant Variety Protection | 27 Feb 2015 - 27 Feb 2020 |
University of Melbourne
| Topic Group(s) | Previously offered courses | Accredited dates |
|---|---|---|
| A1: Legal Process and A2: Overview of IP |
Australian Legal Process and Legal Institutions [LAW7212] OR Fundamentals of Common Law [LAWS70217] OR Fundamentals of the Common Law – Int [LAWS70256] AND Overview of Intellectual Property |
9 Sep 2014 - 1 Dec 2019 AND 7 Apr 2020 - |
| B: Professional Conduct and D: Trade Marks Practice |
Trade Marks Practice [LAWS90035] | 27 Feb 2015 - 27 Feb 2020 AND 7 Apr 2020 -7 Apr 2025
|
| C: Trade Marks Law |
Trade Marks and Unfair Competition [LAWS70046] | 9 Sep 2014 - 1 Dec 2019 AND 7 Apr 2020 - |
| E: Patent Law |
Patent Law [LAWS70021] | 9 Sep 2014 - 1 Dec 2019 AND 7 Apr 2020 - |
| F: Patent System |
Patent Practice [LAWS70060] | 9 Sep 2014 - 1 Dec 2019 AND 7 Apr 2020 - |
| G: Drafting of Patent Specifications |
Fundamentals of Patent Drafting [LAWS70387] | 16 Nov 2018 - 16 Nov 2023 |
| H: Interpretation and Validity of Patent Specification |
Interpretation and Validity of Patent Specifications [LAWS70061] | 9 Sep 2014 - 1 Dec 2019 AND 7 Apr 2020 - |
| I: Designs Law |
Designs Law and Practice [LAWS70261] | 9 Sep 2014 - 1 Dec 2019 AND 7 Apr 2020 - |
University of Technology Sydney
| Topic Group(s) | Previously offered courses | Accredited dates |
|---|---|---|
|
A1: Legal Process,
|
Legal Process and Intellectual Property [77896]
Preparing for Intellectual Property Practice [77905] |
1 Dec 2011 - AND 17 Jun 2015 - 23 Mar 2018 - |
| C: Trade Marks Law | Trade Marks Law [77889] |
17 Jun 2015 - 23 Mar 2018 - |
| D: Trade Marks Practice |
Trade Marks Practice [77890] |
17 Jun 2015 - 23 Mar 2018 - |
| E: Patent Law | Patent Law [77898] |
17 Jun 2015 - 23 Mar 2018 - |
| F: Patent Practice | Patent System [77891] |
17 Jun 2015 - 23 Mar 2018 - |
| G: Drafting of Patent Specifications | Drafting of Patent Specifications [77894] |
17 Jun 2015 - 23 Mar 2018 - |
| H: Interpretation and Validity of Patent Specifications | Interpretation and Validity of Patent Specifications [77895] |
17 Jun 2015 - 23 Mar 2018 - |
| I: Designs Law | Designs Law and Practice [77893] |
17 Jun 2015 - 23 Mar 2018 - |
You can apply to the Board for an exemption if you have completed a non-accredited course of study within the last 7-10 years.
To approve an exemption, the Board must be satisfied that:
- You've passed the course of study
- The course has outcomes that are the same as, or similar to, those of a knowledge requirement for which the exemption is sought
To check whether your course of study has similar outcomes to the knowledge requirements referred to in Schedule 5 of the Patent Regulations 1991, the Board has published guidelines that detail the type of content required to have been completed with a topic group to be granted an exemption - curriculum of studies.
Please note that exemptions must be based on an academic course. The Board cannot take work experience into consideration for an exemption application as per Schedule 5 of the Patent Regulations 1991.
If your application is approved, your exemption will be valid for 5 years. You will need to apply for registration to the Designated Manager prior to this exemption expiring.
Minor shortcomings
The Board will consider an exemption even if the course of study has not covered all the material in the curriculum of studies. However, it will not consider an application if there are significant gaps, or where an important topic has not been covered, as highlighted in the Curriculum of Studies guidelines.
An exemption can also be based on multiple courses of study if together they cover the relevant material.
Older courses - Regulation 20.9(3)
The Board will normally only approve courses of study completed within the last 7 years. The Board cannot grant exemptions for courses older than 10 years.
Courses between 7-10 years old will be considered on a case-by-case basis. The Board will not grant an exemption if the course content is no longer current. This includes when the law or relevant practices have changed significantly. This is less likely for topic groups where the content does not change much over time, such as knowledge of legal processes.
International courses
Exemptions may be granted based on courses of study completed in countries other than Australia or New Zealand. This is most likely for topic groups A1-Legal Process, A2-Overivew of IP and B-Professional Conduct if the law and the legal institutions studied are similar to Australia and New Zealand.
It is unlikely that exemptions would be approved for the below topic groups based on international courses (or other jurisdiction attorney registrations), due to requiring substantial Australian and New Zealand content.
For example:
- Trade Marks Law (Topic group C)
- Patent Law (Topic group E)
- Drafting of Patent Specifications (Topic group G), and
- Interpretation and Validity of Patent Specifications (Topic group H)
How to apply
To apply to the Board for an exemption, you will need to download and complete the relevant form - Remembering that only courses completed within the past 7-10 years can be considered by the Board:
Topic Group A1 - Legal Process - Application for Exemption
PDF | 2MB
Topic Group - A2 Overview of IP - Application for Exemption
PDF | 2MB
Topic Group B - Professional Conduct - Application for Exemption
PDF | 2MB
Topic Group C - Trade Marks Law- Application for Exemption
PDF | 2MB
Topic Group D - Trade Marks Practice - Application for Exemption
PDF | 2MB
Topic Group E - Patent Law - Application for Exemption
PDF | 2MB
Topic Group F - Patent Systems - Application for Exemption
PDF | 2MB
Topic Group G - Drafting Patent Specifications - Application for Exemption
PDF | 2MB
Topic Group H - I&V - Application for Exemption
PDF | 2MB
Topic Group I - Designs Law - Application for Exemption
PDF | 2MB
You will also need to provide:
- a certified copy, or a link, to the official academic transcript for the course(s) the exemption is based on.
- supporting evidence such as course outlines from the year you studied the course(s).
Detailed information about supporting documentation can be found in the relevant form.
Cut-off for applications is 8 weeks prior to a Board meeting. If you miss the submission deadline, your application will be submitted to the following meeting.
Please attach each application into a single email and send
to mail.ttipab@ipaustralia.gov.au.
Employment requirements
To become a registered patent attorney, you must have gained sufficient practical experience doing patents work.
During your employment you must have been located in Australia and/or New Zealand.
You need to have been employed in one or more positions that have provided you with sufficient experience in the following skills:
- Searching patent records
- Preparing, filing and prosecuting patent applications in Australia and New Zealand
- Preparing, filing and prosecuting patent applications in other jurisdictions
- Drafting patent specifications
- Providing advice on the interpretation, validity and infringement of patents.
Your relevant employment must have been for at least either:
- Two continuous years
- Or a total of two years within five continuous years.
To establish that you have sufficient practical experience, you will need to submit one or more statements of skill with your application for registration for consideration to the Designated Manager.
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.
Once completed, please attach your Statement of Skill to your application for registration documentation. Your Statement of skill will be assessed by the Designated Manager.
Personal requirements
To become a registered patent attorney, you must:
- Be of good fame, integrity and character
- Not have been convicted of a prescribed offence during the past five years
- Not be under a sentence of imprisonment for a prescribed offence.
To demonstrate that you fulfil these requirements, you will need to provide:
- A self-declaration regarding the offences
- A declaration by another person regarding your good fame, integrity and character.
These requirements, including the prescribed offences, are described in regulation 20.3 of the Patents Regulations 1991.
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