Review of the Trans-Tasman patent 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 5 years of implementation of the regime (by February 2022). This consultation was to help determine whether any changes or improvements should be made to the registration regime.

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

What we sought feedback on

We were interested in hearing from patent attorneys, individuals and businesses who use the services of patent attorneys, and other 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 included 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)

Submissions on the review of the Trans-Tasman patent attorney registration regime

We received 7 submissions on the review. 5 of the 7 submissions have been published and can be read below.