Before applying to the Designated Manager to become a registered incorporated patent and/or trade marks attorney, make sure that you meet the eligibility criteria.
- Meet director requirements
- Demonstrate business registration
- Have appropriate insurance
The requirements to register as an incorporated attorney are:
To register, you must have at least one registered attorney listed as an attorney director of the firm:
- An incorporated patent attorney needs to have a registered patent attorney director
- An incorporated trade marks attorney needs to have a registered trade marks attorney director.
The registered attorney director must maintain an individual registration to retain eligibility.
Your company will need to be registered under:
- The Corporations Act 2001 (Cth) or
- The Companies Act 1993 of New Zealand (for an incorporated patent attorney practicing in New Zealand).
You will need to provide a copy of the certificate of registration as part of your application.
Professional indemnity insurance
Incorporated attorneys need to maintain an 'adequate and appropriate' level of insurance.
Your insurer will assess the level of professional indemnity insurance (PII) required. It will be based on the amount on gross fees, type of work and other circumstances.
When applying for registration, a Certificate of Currency (provided by your insurer) is adequate proof of meeting the PII requirements. The certificate should specify the:
- Name of the incorporated attorney
- Insured amount
- Services covered by the policy (such as patent and/or trade marks attorney services).
The Designated Manager will remove your incorporated attorney's registration if your insurance is not kept up to date.