Patent attorney

A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing an opposition. The term is used differently in different countries, and thus may or may not require the same legal qualifications as a general legal practitioner.

The titles patent agent and patent lawyer are also used in some jurisdictions. In some jurisdictions the terms are interchangeable, while in others the latter is used only if the person qualified as a lawyer.

In Europe, requirements for practising as patent attorney before national patent offices should be distinguished from those needed for practising before the European Patent Office (EPO) or the Eurasian Patent Office (EAPO). On the national level, the requirements are not harmonized, although across the 28 Member States of the European Union respective professional qualifications are mutually recognised to some degree.

Registration as a patent attorney in Australia is administered by the Professional Standards Board for Patents and Trade Marks Attorneys (the "PSB").

To apply to become an Australian patent attorney, one must:

Until the late 1990s, topics were mainly taught and examined by members of the patent attorney profession under the oversight of the PSB, but this process has now been brought into the university system within Australia.

Once registered, a Patent and Trademark Attorney may be elected as a Fellow of the Institute of Patent and Trade Mark Attorneys of Australia.

To become a registered patent agent in Canada one must complete a series of four qualifying exams over four days. As of May 1, 2014, a patent agent trainee can sit the exams if the trainee is a resident in Canada and has worked in Canada in the area of Canadian patent law and practice, including the preparation and prosecution of applications, for a period of at least 24 months. Up to 12 months of practical experience will also be recognized for those entitled to practice before the patent office of another country. One may also qualify to sit for the exams if the individual is a resident of Canada and has been employed for at least 24 months on the examining staff at the Canadian patent office.

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Wikipedia