>> Patent Attorney Requirements

How to become a patent attorney in Australia?

In Australia, a person must be registered under section 198 of the Patents Act 1990 (Cth) to practise or act as a patent attorney. Registration entitles the person to undertake “patent work” on behalf of someone else, such as applying for or obtaining patents in Australia or overseas, drafting patent specifications, and providing advice about the infringement and validity of patents.

To register as an Australian patent attorney, it is necessary to have:

  • A qualification in a field of science or technology that potentially contains patentable subject matter;

  • A qualification in Intellectual Property law; and

  • Relevant experience (minimum of 2 years) in patent searching, drafting patent specifications, preparing, filing and prosecuting patent applications in Australia and overseas, and providing advice on infringement and validity of patents.

In addition to the above, stringent personal requirements must be met (e.g., be of good fame, integrity and character).

At Laminar IP, our patent attorneys hold degrees in Engineering and Intellectual Property law. Also, our patent attorneys have extensive experience at leading Australian IP firms.

The Trans-Tasman IP Attorneys Board (“Board”) is a statutory body responsible for administering the regulatory and disciplinary regimes for patent and trade marks attorneys in Australia and New Zealand. For more details of the registration requirements for Australian patent attorneys, please visit the Board's website.