Review of the Trans-Tasman patent attorney registration regime

closed
Submissions closed: 02 February 2022, 11:59pm

IP Australia and MBIE are seeking feedback on the performance of the Trans-Tasman patent attorney registration regime. IP Australia is also seeking feedback on the Australian trade marks attorney registration regime.

About the consultation

The Arrangement between the Government of Australia and the Government of New Zealand relating to the Trans-Tasman Regulation of Patent Attorneys requires that a review of the effectiveness of the registration regime be undertaken within five years of implementation of the regime (by February 2022).  These consultations will help to determine whether any changes or improvements should be made to the registration regime.

IP Australia is also using this consultation to help determine whether any changes or improvements should be made to the Australian trade marks attorney registration regime.

What we are seeking feedback on

We want to hear from patent attorneys and individuals and businesses who use the services of patent attorneys, and interested parties on how the Trans-Tasman patent attorney registration regime is performing in relation to the objectives of the arrangement, which include:

  • allowing for economies of scale in institutional arrangements;
  • minimising regulatory and business compliance costs;
  • increasing business confidence in the quality and standard of service provided by patent attorneys; and
  • facilitating competition in the market for patent attorney services.

The consultation paper also includes a section reviewing the Australian trade marks attorney registration regime.

About the Trans-Tasman patent attorney registration regime

The Trans-Tasman patent attorney register records the names of all registered patent attorneys licensed to provide patents-related advice in Australia and New Zealand. Only a registered patent attorney may provide you with professional assistance to:

  • Apply for and obtain a patent; or
  • Prepare and amend patent specifications; or
  • Get advice on the validity of patents and their infringement.

It is an offence for anyone else to either provide such assistance or hold themselves out as a patent attorney or patent agent.

If you would like more information about the Trans-Tasman registration regime, including who is registered as a patent attorney, you should visit the Trans-Tasman IP Attorneys Board website.

Trans-Tasman IP Attorneys Board website(external link)

Who do we want to hear from?

  • Registered patent attorneys
  • Candidates who are seeking to register as patent attorneys
  • Individuals and business who have used the services of patent attorneys
  • Educational institutions offering accredited courses of study for candidates to qualify for registration
  • Australian registered trade marks attorneys
  • Lawyers providing advice on intellectual property matters, particularly in relation to patents and trade marks
  • Any other interested parties.