AU Patent Attorney study plan
AU Patent Attorney · Give each week a clear focus.
8 weeks · About 7 hours per week
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
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
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
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
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
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
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
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%