What it takes to be a Patent Attorney

In Australia, all patent attorneys must have a technical degree and a legal qualification. 

The reason for the requirement that a patent attorney must have both qualifications is that they must understand the invention and protect the invention for their client. 

A technical degree is either a science or engineering qualification.  The legal qualification is a specific course that leads to the federal registration as a registered patent attorney. 

Common misconception that patent attorneys are lawyers.

The patent attorney qualification is not a Bachelor of Laws and patent attorneys cannot practise as lawyers nor are they admitted to the Bar.  Correspondingly, lawyers cannot practise as patent attorneys.

For registration, the patent attorney must also have at least 2 years’ experience in a Patent Attorney firm and have a letter of recommendation from another patent attorney with over 5 years of experience.  From personal experience, it can take up to 8 years before a patent attorney is truly proficient and an expert at drafting applications and prosecuting IP matters.

Code of Conduct – Standards of Practice.

As with all law related industries, patent and trade mark attorneys need to constantly stay updated and comply with a standard code of conduct.  The Code of Conduct for Trans-Tasman Patent and Trade Marks Attorneys 2018 explains the professional conduct required of a registered attorney by setting out the standards of practice to adhere to.  As well as this requirement, patent and trade mark attorneys need to spend approximately 15 hours a year in their professional education.  This is similar to the requirements in other professions.

At Wynnes, we have a fiduciary obligation to act in the best interest of our clients.

The patent attorneys at Wynnes have extensive industry experience, including biology, mechanical engineering and technological industries, even before entering the IP profession.  Having this extensive industry experience gives our attorneys an advantage to tailor the best solution to commercial outcomes and business objectives through understanding what the client needs.  

For more information about Wynnes and our attorneys, check out our IPTA Guide article.

At Wynnes, we are passionate and are willing to go above and beyond for our clients. We listen and engage with you and are upfront with costs and transparent with our interactions. We have a commercial focus both nationally and internationally as we have a global reach with our IP Associates. We give a personalised quality service and have a genuine interest to see you succeed.