The Trans-Tasman IP Attorneys Board (the Board) administers the regulatory and disciplinary regimes for patent attorneys in Australia and New Zealand, and trade marks attorneys in Australia. The Board does not register patent attorneys nor trade marks attorneys. The legislation establishes a person called the “Designated Manager” who registers and maintains the registration for all patent attorneys and trade marks attorneys.
Both the Board and the Designated Manager may publish Practice Notes to help registered attorneys understand their rights and obligations. These Practice Notes may change from time to time.
Patent attorneys and trade marks attorneys are audited for compliance with the statutory Continuing Professional Education (CPE) requirements set out in the Patents Regulations 1991 and the Trade Marks Regulations 1995. These audits are completed by the Designated Manager on an annual basis.
Ownership of files
File ownership has been the subject of recent complaints before the Board. This Practice Note is published by the Board to help registered attorneys understand their obligations and to facilitate the delivery of the client’s property in a reasonable timeframe.
Copyright in Patent Specifications
Copyright in patent specifications is becoming an issue in complaints coming before the Board. Of particular relevance is the specification for a provisional application for a patent (a provisional specification). This Practice Note is published by the Board to help registered attorneys understand their rights and obligations, and to facilitate the protection of a client's invention in a reasonable timeframe and at a reasonable cost to the client.