So do you choose a Patent Attorney or Patent Lawyer?
If you are an inventor or designer you need to see a Registered Patent Attorney, or a Registered Patent Attorney firm.
A Patent Lawyer cannot draft or amend a Patent Specification. This is specified by Section 202 of the Patents Act. The only time a Patent Lawyer can draft or amend a Patent is when acting under the instructions of a Registered Patent Attorney.
To become a Registered Patent Attorney, an individual has two main qualifications to meet:
- An approved technical degree like a Bachelor of Science or Engineering Degree. This is so that they can understand the technical content of your invention.
- A Patent Attorney degree where they undertake rigorous examinations in the Patent laws so they can draft a good patent for you.
Lawyer Degrees (LLB) do not have either of the above-mentioned qualifications, and so are not allowed to draft Patents, or amend them. Generally Patent Lawyers or Trademark Lawyers assist to enforce Intellectual Property rights in the Australian Federal Court.
What about Trademark Attorneys and Trademark Lawyers? There is a specialised Trademark degree which enables individuals to practice as a Trademark Attorney. This Degree is quite different to an General University Law Degree LLB. They do not need a technical Degree such as a Bachelor in Science Degree to practice as a Trademark Attorney.
Australian Patent & Trademark Services has both Patent Attorneys and Trademark Attorneys.
Most Patent Attorneys and Trademark Attorneys join a Patent and Trademark Attorney firm and gain experience in Intellectual Property under the management of a Registered Patent Attorney whilst they undertake their Patent and Trademark Attorney examinations.
Generally it takes a skilled technical person usually 3-5 years studying part time whilst they work full time for a Patent Attorney firm.
Contact us today to get your idea protected before anyone else does.