The Role of a Patent Attorney Patent attorneys assist inventors and organisations in obtaining, maintaining and enforcing patents. Patent attorneys prepare patent specifications which accompany patent applications. A patent specification describes the invention and usually includes drawings illustrating the invention and claims defining the scope of the invention. It is possible for an inventor to write a patent specification and make an Australian patent application without using a patent attorney, but a patent specification is a very complex form of legal document. In most overseas countries, an Australian applicant cannot make a patent application without using a patent attorney.
Some patent attorneys are also qualified barristers and solicitors.
Examination of a standard patent application It is necessary to request examination of the application and pay a fee when directed to do so by the Commissioner of Patents. During examination, a Patent Office examiner conducts a detailed investigation of the merits of a patent application. The examination includes a patent search to assess the novelty and obviousness of the invention claimed in the application. The examiner also assesses the clarity of the wording used in the claims, whether or not the claims are fairly based on what has been described in the specification, and whether the invention has been described fully. Typically, one or more objections are raised by the examiner before an application is accepted.