Preparing a patent application is a complex matter. If you intend to file a patent application, or have recently filed one, we recommend that you contact a patent attorney for assistance.
Other legal professionals may act for you on some patent-related activities. However, only people registered as a patent attorney in New Zealand or Australia – or a registered patent attorney firm in New Zealand or Australia –can do the following for gain (such as payment):
- Apply for, or obtain, a patent in New Zealand or Australia on behalf of someone else
- Prepare and amend patent specifications on behalf of someone else
- Dispense advice (other than advice of a scientific or technical nature) to someone else on the validity of patents and their infringement.
It is an offence for anyone else to provide these patent services (including advice) in New Zealand and Australia, or hold themselves out as either a patent attorney or an agent for obtaining patents.
Patent attorneys are obliged to follow professional standards, including confidentiality. You will need to prepare and share information with your attorney so that they can work on your behalf.
There is a joint registration regime that manages the registration of patent attorneys in New Zealand and Australia. You can find more information on this registration regime at the pages below.
Joint trans-Tasman registration regime
Making a complaint against a registered trans-Tasman IP attorney
Applying for registration as a trans-Tasman attorney
Finding a registered patent attorney
If you are looking for someone to assist you with a patent application, you can check the trans-Tasman attorneys register. This register records the names of all attorneys licensed to provide patents advice in New Zealand and Australia. You can consult this register if you need advice from a patent attorney, or if you want to verify the registration of someone holding themselves out as a patent attorney.
Find an IP attorney or firm — Trans-Tasman IP Attorneys Regulation
The trans-Tasman patent attorneys register stems from an arrangement for a joint registration regime between New Zealand and Australia, which was implemented in February 2017. This register is maintained by a Designated Manager who works in conjunction with the Trans-Tasman IP Attorneys Board (TTIPAB).
The joint trans-Tasman patent attorney registration regime
Trans-Tasman IP Attorneys Regulation
Making a complaint against a patent attorney
All patent attorneys and incorporated patent attorney firms are subject to a professional code of conduct setting out minimum standards of ethical and professional behaviour. Any breaches of this code, and/or instances of professional misconduct or unsatisfactory professional conduct are subject to a formal complaints and disciplinary process.
The TTIPAB investigates and prosecutes complaints against patent attorneys before the Trans-Tasman IP Attorneys Disciplinary Tribunal.
Making a complaint against a registered trans-Tasman IP attorney
Lawyers providing patents advice and services
New Zealand lawyers are also required to follow legal obligations related to their duties, and cannot give advice that lies beyond their specialisations. This includes situations where a lawyer provides patents advice or holds themselves out as an agent for obtaining patents, despite not being registered as a patent attorney.
To make a complaint about a lawyer, contact the New Zealand Law Society.
Lawyers Complaints Service — New Zealand Law Society
Applying to become a registered trans-Tasman patent attorney
Any individual or incorporated patent attorney firm that intends to practice as a patent attorney in New Zealand must be registered under the joint trans-Tasman registration regime. This will add an entry for that individual or firm to the trans-Tasman attorneys register.
The eligibility requirements for registration are specified on the TTIPAB website. These include academic qualifications, specific knowledge requirements, and relevant work experience.
Applying for registration as a trans-Tasman patent attorney
If you are a registered patent attorney, you must renew your registration annually, and ensure that your details in the register are kept up to date.