AU Patent Attorney study materials
AU Patent Attorney study resources

AU Patent Attorney study plan

AU Patent Attorney · Give each week a clear focus.

8 weeks · About 7 hours per week

Week 1

Patent law and practice under the Patents Act (patentability, novelty, inventive step, utility, manner of manufacture)

  • Map every patentability requirement in the Patents Act (manner of manufacture, novelty, inventive step, utility, secret use, prior art base) into a one-page comparison table with section references

  • Work through the statutory definition of prior art base and explain in writing how whole-of-contents and single-disclosure approaches differ

  • Draft a worked novelty analysis for a hypothetical claim set against three notional disclosures, marking each anticipation ground

  • Build a checklist for distinguishing lack of novelty from lack of inventive step and test it on five short scenarios

Your checkpoint

A 1500-word patentability summary note with a comparison table and three fully reasoned hypothetical novelty/inventive step conclusions

Week 2

Patent law and practice under the Patents Act (patentability, novelty, inventive step, utility, manner of manufacture) & Patent specification drafting, claims interpretation and construction

  • Explain manner of manufacture using the settled principles and apply them to two borderline subject-matter cases (business method, diagnostic method)

  • Practise construing claims using the purposive approach, writing constructions for five claims of varying clarity

  • Draft a complete specification structure (title, field, background, summary, detailed description, claims) for a mechanical invention

  • Write one independent claim and three dependent claims for that invention, then self-critique for clarity, support and breadth

Your checkpoint

A full draft specification of 2000+ words including claims, plus a 500-word construction memo on the claims

Week 3

Patent specification drafting, claims interpretation and construction & Patent prosecution procedure and practice before the Commissioner (examination, amendments, opposition, re-examination)

  • Analyse the examination workflow before the Commissioner: filing, formalities, direction to request examination, first report, response, and acceptance

  • Draft a response to a mock examination report raising novelty, clarity and support objections

  • Summarise the amendment rules, including the allowable scope of amendment and the effect of amendment on disclosure and claim scope

  • List the grounds and procedure for opposition and re-examination, noting time limits and who may act

Your checkpoint

A mock examination response of 1200 words addressing three objections with proposed amendments

Week 4

Patent prosecution procedure and practice before the Commissioner (examination, amendments, opposition, re-examination) & Patent infringement, validity challenges, remedies and enforcement

  • Compare validity challenge routes (court revocation, counterclaim in infringement proceedings, opposition) and record their procedural differences

  • Apply the infringement provisions to five claim/accused-product pairs, deciding whether infringement is made out and on what basis

  • Outline the remedies available, including injunctions, damages, account of profits and the role of unjustified threats provisions

  • Draft a short opinion letter advising a client on validity risk and enforcement options

Your checkpoint

A 1500-word client opinion letter combining validity risk assessment and enforcement strategy

Week 5

Patent infringement, validity challenges, remedies and enforcement & International and comparative patent law (Paris Convention, PCT, TRIPS, priority and foreign filing)

  • Explain the Paris Convention priority system, the 12-month period and the consequences of losing priority

  • Work through PCT procedure from international filing to national phase entry, including time limits and amendment opportunities at international phase

  • Summarise TRIPS minimum standards and how they shape Australian law, noting any gaps

  • Complete a comparative exercise on novelty grace periods and prior art bases across three jurisdictions

Your checkpoint

A one-page decision flowchart for foreign filing strategy plus a 600-word comparative note

Week 6

Trade marks law and practice under the Trade Marks Act

  • Map the registrability requirements under the Trade Marks Act, including distinctive character and the grounds for rejection

  • Apply the grounds of opposition to a hypothetical application and identify which grounds succeed

  • Explain infringement, the defences available and how the definition of a trade mark use is assessed

  • Summarise the removal for non-use procedure and its evidentiary requirements

Your checkpoint

A 1200-word opposition advice memo identifying winning grounds and supporting evidence

Week 7

Designs law and practice under the Designs Act & Professional conduct, ethics and client duties for patent and trade marks attorneys

  • Outline registrability and the scope of monopoly for designs, noting how the test for infringement differs from patents

  • Compare the designs and patents systems for a product with both functional and aesthetic features

  • Draft a conflicts-of-interest and confidentiality protocol applying the attorneys' professional conduct obligations

  • Identify the duties owed to the client and to the Commissioner when instructions conflict

Your checkpoint

A 1000-word professional conduct scenario analysis plus a one-page designs-versus-patents comparison table

Week 8

Other IP and related law (copyright, confidential information, plant breeder's rights, competition law interface) & Patent law and practice under the Patents Act (patentability, novelty, inventive step, utility, manner of manufacture) & Patent prosecution procedure and practice before the Commissioner (examination, amendments, opposition, re-examination)

  • Summarise the subsistence and breach elements of confidential information actions and how they interact with patent filing strategy

  • Outline the essential elements of copyright subsistence and ownership, and the fair dealing exceptions

  • Explain the plant breeder's rights application and examination process and the competition law interface with IP licensing

  • Revise the three heaviest domains using spaced-repetition flashcards and sit a timed mock exam

Your checkpoint

A full-length timed mock exam completed under exam conditions with a self-marked score sheet and error log

Milestones

Week 1: Can state all patentability requirements with section references and correctly classify 10 prior art scenarios as novelty-only or inventive-step issues

Week 2: Drafted specification passes a self-review against clarity, support and unity criteria with no unresolved objections

Week 3: Mock examination response addresses each objection with a reasoned argument or amendment and cites the relevant provision

Week 4: Client opinion correctly identifies at least two validity risks and two enforcement options with reasons

Week 5: Foreign filing flowchart covers priority, PCT and national phase with correct time limits

Week 6: Opposition memo selects the strongest grounds and matches each to the required evidence

Week 7: Conduct scenario analysis identifies the conflict, the relevant duty and the required action in every scenario

Week 8: Mock exam score of at least 65% overall with no domain below 50%