In Australia, Patent Attorneys are not lawyers, whereas the practitioners who use the title of Attorney have completed law degrees, and must also hold current Certificates of Practice, if they plan to provide legal advice. Although registered patent attorneys are not lawyers, Section 200 of the Patents Act 1990 provides that a registered patent lawyer may provide a broad range of intellectual property advice to a client, and such advice is protected just like when an advocate (lawyer) provides legal advice to a client. In Australia, patent attorneys and legal practitioners are separated, so patent attorneys may practise before IP Australia, but are restricted from practising before a court, while lawyers are prohibited from drafting and revising patent specifications before IP Australia, but can, of course, practise before a court.
To be a registered patent attorney Tasmania, the applicant must hold a bachelors, diploma, or postgraduate qualification in a subject area of potential patentable subject matter, passed (or been exempted from) an examination (in nine prescribed subject areas) or completed an accredited course of study satisfying registration requirements, and be a common resident of Australia.
Formal Examination This is the formal review of a patent application filed in Australia, which is examined and found to meet the requirements of the Patents Act 1990. Substantive Examination The examination may be initiated by request from an applicant, either on their own initiative, within 5 years from filing in Australia, or within 6 months from receiving the directive to do so from the Patents Commissioner, whichever occurs first. Once a Trademark Application meets the requirements for Formality, an Examiner is then assigned to your application to check whether it is acceptable under both absolute and relative grounds.
Although an invention must be novel when it is first filed, Australia does offer a grace period of twelve months in which the applicant can file the completed patent application. The process for submitting patent applications is similarly imposed, with milestones set to file the completed application and go through examination procedures in strict timeframes. A Patent Attorney provides representation and counsel regarding patent matters and related intellectual property matters, such as preparation and filing patent applications for inventions, representing you before the patent office, opposing patents, and providing infringement counsel. Specifically, regarding patent claims, he says patent attorneys are experts at drafting claims, which is why you might want to consider using their services, and, in more general terms (at the bottom of the page), the patent application process can be complicated, so you might want to consider seeking help from a patent lawyer.
Most patent attorneys are capable of handling mechanical types of patents, however, when you are dealing with a particular technology area, like biotechnology, chemistry, software, or electronics; you will want to get a patent lawyer that has the practical, relevant educational background of that field, such as a patent attorney. Choosing a good patent lawyer is important when it comes to IP protection: Your patent lawyer is going to be with you through the entire commercialization journey of your technology, and you want to make sure they are on the bus. It is true that some general-service lawyers may be able to advise you in trademarks and copyright, for instance, but using a patent lawyer ensures that none of your clever ideas are left undiscovered because your attorney does not have the specialised knowledge to recognize them.
Not only do we assist in providing patent-related advice, we help you to understand all aspects of intellectual property, including trademarks (such as advice about registered trademarks), copyright, registered designs, plant varieties rights, trade secrets, confidential information, licensing, and more.
Spruson & Fergusons highly experienced trade mark lawyers in Australia have a great deal of experience in providing advice around all aspects of the lifecycle of trade marks including trademark generation, trademark research, registration of trademarks, filing applications, all aspects of pursuing a trademark, prosecuting and defending against oppositions and actions to remove, and monitoring proper use of the trademark. Our patent, trade mark, design and intellectual property lawyers in Australia look to Spruson & Ferguson lawyers to provide business legal services and intellectual property litigation. As a boutique intellectual property law practice, Spruson & Fergusons experienced Patent Attorneys and TradeMark Legal Specialists in Australia have built a distinguished practice.
With offices in Sydney, Brisbane, and Melbourne, our Patent Lawyers Australia, Trade Mark Lawyers, and Registered Design Practitioners are capable of providing IP protection across over 25 jurisdictions across the Asia-Pacific. Spruson & Ferguson professional teams of Patent & Trade Mark Attorneys in Australia are all qualified to represent directly before IP Australia, the federal government body which administers IP legislation related to patents, trade marks, registered designs and plant breeder rights. The application is filed with the Australian Government agency that administers patents, trade marks, registered designs and plant breeders rights (IP Australia).
They do so by preparing patent applications that describe and defend inventions in as broad a manner as possible, drawing upon their knowledge of underlying technologies and patent laws. Australian Patent Attorneys also generally will possess a detailed working knowledge of patent law and design practices in the range of major Australian trade partner countries/regions. Being able to describe in a concise manner approaches taken by others working in this area may assist a patent lawyer to form a preliminary opinion as to whether or not your latest invention is novel enough and not obvious to warrant patent protection.