Working in Patents & Trade Marks


Freehills Patent & Trade Mark Attorneys is a patent and trade mark firm specialising in the creation, acquisition and commercialisation of intellectual property.

Our clients include large Australian companies, foreign patent attorneys and companies, universities both in Australia and overseas, small biotechnology start-ups and individual inventors.

We are closely associated with the Intellectual Property teams in the Corporate and Litigation groups of Freehills. 

What is a patent attorney?

A patent attorney is a member of a specialised legal profession qualified to write, obtain and advise clients about patents.

A patent is a monopoly granted for a new invention, relating to anything from computers and electronics to gene sequences.

Patent attorney areas of practice

Graduates with a science or engineering degree will be introduced to the following areas of practice.

You will be required to consider the requirements for a valid patent, from both a legal viewpoint (such as the concepts of novelty and inventiveness), and from a technical viewpoint in respect of the application of these tests to a given invention.

In addition, you will gain a working knowledge of some of the more commonly encountered differences experienced in working with patent systems of other jurisdictions, including the United States and Europe.

  • The general legal framework for patents in Australia and overseas—how a patent is obtained, how it may be challenged, and what it used for.
  • Drafting patent documentation
  • Patent searches
  • Conducting due diligence enquiries
  • Prosecution of patent applications
  • Assisting in opposition proceedings

What is a trade mark attorney?

A trade mark attorney is a member of a specialised legal profession qualified to provide clients with assistance in the protection and exploitation of trade marks and associated rights.

A trade mark is a sign which distinguishes the goods or services of a trader from those of other traders. The sign may be a word, letter, numeral, picture, symbol, shape, smell, colour or any aspect of packaging, or any combination of these.

Trade mark attorney areas of practice

Graduates in the trade marks area are encouraged to gain experience in the following areas.

  • Legal research and advice in relation to trade marks
  • Trade mark availability searches
  • Prosecution of Australian and overseas trade mark applications
  • Conducting due diligence enquiries
  • Assisting in opposition and non-use proceedings
  • Drafting documentation