The Designated Manager

The Designated Manager is an Australian Government Senior Executive responsible for intellectual property (IP) attorney registration and its ongoing compliance.

Registration

The Designated Manager is responsible for maintaining the Register of Patent Attorneys and the Register of Trade Mark Attorneys.  
 
It is the Designated Manager who registers individual and incorporated patent and trade marks attorneys and assesses the statements of skills and declarations.

Register as an attorney

Renewal

The Designated Manager is responsible for renewing attorney registrations. To maintain your registration as an attorney, you need to pay an annual registration fee and provide proof that you have completed your continuing professional education (CPE) requirements.

Renewal of your registration is due 1 July each year, regardless of your initial registration date. Registration is not automatically renewed so it is your responsibility to maintain it.

Failure to renew your registration before 31 July will result in the Designated Manager removing you from the register(s).

Renew my registration

Removal

The Designated Manager must remove you from the register(s) if you have not paid the renewal fee by 31 July.

You may also apply for voluntary removal. If you apply for voluntary removal, the Designated Manager will remove you from the register(s) for up to three years, during which time you may not work as a patent attorney, or hold out as a trade marks or patent attorney.

Restoration

If removed for non-payment, you may apply to the Designated Manager to restore your registration until 1 September of the same year following non-payment.

If voluntarily removed, the Designated Manager can restore your registration at any time during the removal period provided you:
complete the restoration form, advising of any CPE completed whilst off the Register/s
pay the restoration fee.

You can apply to the Designated Manager to restore registration in other circumstances if: 

• your name was removed for non-payment, and you didn't seek restoration before 1 September of the same year 
• you voluntarily removed your name from the register(s) and you didn't seek restoration within 3 years 
• your registration was removed for any other reason.

Applications for restorations in other circumstances must include a letter from the Board confirming the currency of your knowledge which can be requested before a Board meeting cut-off date.

CPE requirements

The Designated Manager is responsible for assessing and approving the CPE component of the renewal requirements of registered patent and trade mark attorneys.

As a registered attorney, you have a professional obligation to keep up to date with the constant changes in the field of intellectual property (IP), including:

• changes to legislation
• new case law
• technology trends
• laws and practices of major trading partners.

These are relevant to practising as a trade marks or patent attorney, including activities on ethics and professional conduct.

In the 12 months prior to paying your renewal fee, you must complete at least:

• 10 hours for attorneys registered as either a trade marks or patent attorney
• 15 hours for attorneys registered as both a trade marks and patent attorney.

Failure to complete sufficient CPE could result in your registration being suspended.

CPE audits

The Designated Manager conducts annual randomised CPE audits to assess attorney CPE activities in detail.

Selected attorneys will be contacted directly if their participation is required. Giving false written statements or failing to produce records when requested may result in your registration being removed.

You may be suspended for up to 6 months if the audit finds that you have not completed:

• the required CPE hours, or
• enough hours relevant to IP.