Q. What does a patent attorney do?
A. A patent attorney is uniquely qualified to represent a patent applicant or patent holder, assisting clients in filing and prosecuting (e.g. respond to examination reports), as well as maintaining patent applications and acting for clients in patent oppositions and advising on patent validity and infringement.
Q. What does a patent attorney do? Activities
A. The following is a summary of activities that a patent attorney can perform:
- Distinguish new developments from existing ones and determine whether they are inventive enough to justify a patent
- Determine the type and ambit of inventions and prepare patent specifications
- Submit applications for and obtain patents, registered trademarks, industrial designs and plant variety types in Australia and overseas
- File documents with the relevant patent office, and steer applications through the process
- Advise on intellectual property (IP) matters, and assist IP owners in registering and maintaining their IP
- Reassign technology by licensing and other processes
- Manage IP portfolios, advise on patents and registrations held by others
- Conduct IP audits of companies, products and services
Q. What does a patent attorney do? Profession
A. Registration as a patent attorney in Australia is administered by the Professional Standards Board for Patents and Trade Marks Attorneys. The relevant board in each country generally codifies the ethical and professional standards for patent attorneys, including the administration of the disciplinary regime for the profession. Some Australian patent attorneys are fellows or ordinary members of the Institute of Patent & Trade Mark Attorneys, the professional body governing the patent attorney profession in Australia.
Patent attorneys have a right of privilege in their communication with clients in respect of intellectual property matters.
Q. What does a patent attorney do? Qualifications
A. Patent attorneys generally must have an engineering or science degree and have completed a group of topics prescribed by the relevant board in their respective countries. For example, in Australia, the body of topics may consist of a Masters degree such as the Master of Industrial Property offered by the University of Technology, Sydney.
Important Disclaimer: The information on this website is not legal or professional advice. The information may:
- not be correct;
- only relate to the law or practice in a given country; and/or
- be outdated.