Free Practice Questions for AU Patent Attorney

Exam-style questions and explanations by OpenExamPrep.

✓ No registration✓ No credit card

100+ Questions

100% Free

Loading practice questions...

Same family resources

Explore More Patent Bar & IP Agent Exams

Continue into nearby exams from the same family. Each card keeps practice questions, study guides, flashcards, videos, and articles in one place.

Exam Review

Key Facts: AU Patent Attorney Exam

Patents Act 1990

Core Governing Statute

Commonwealth of Australia

20 years

Standard Patent Term

Patents Act 1990

31 months

PCT National Phase Deadline

IP Australia

2012

Raising the Bar Reforms

IP Laws Amendment Act 2012

Aug 2021

Innovation Patent Phase-Out

IP Australia

9 topic groups

Prescribed Knowledge Requirements

TTIPAB / IPTA

Registration as an Australian patent attorney is governed by the Trans-Tasman IP Attorneys Board (TTIPAB) and requires satisfying the prescribed knowledge requirements across nine topic groups: legal process, IP overview, professional conduct, trade marks law, trade marks practice, patent law, patent systems, drafting patent specifications, and interpretation and validity (plus designs). Candidates must hold a degree in a field with potentially patentable subject matter (science, technology or engineering), complete TTIPAB-accredited study, meet a relevant employment requirement, and be of good character. The core tested law is the Patents Act 1990 (Cth): manner of manufacture (s18(1)(a), NRDC, D'Arcy v Myriad), novelty and inventive step (s7), utility, the s24 grace period, section 40 enablement and support (Raising the Bar 2012), examination and s59 opposition, the 20-year term, infringement and revocation (ss13, 117, 119, 138), the 31-month PCT national phase, and the Designs Act 2003 (new and distinctive, 10-year maximum term). Innovation patents were phased out from 26 August 2021. Registration covers both Australia and New Zealand and is maintained through continuing professional education.

Sample AU Patent Attorney Practice Questions

Try these sample questions to review concepts for the AU Patent Attorney exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1Under section 18(1)(a) of the Patents Act 1990 (Cth), the threshold requirement that an invention be a 'manner of manufacture' is assessed by reference to which historical instrument?

A.Section 6 of the Statute of Monopolies 1623

B.The Statute of Anne 1710

C.The Paris Convention 1883

D.The Patents Act 1977 (UK)

Explanation: Section 18(1)(a) requires that an invention be 'a manner of manufacture within the meaning of section 6 of the Statute of Monopolies'. This phrase is the gateway to patentable subject matter in Australia and was authoritatively construed by the High Court in NRDC v Commissioner of Patents (1959) 102 CLR 252.

2In NRDC v Commissioner of Patents (1959) 102 CLR 252, the High Court held a method of selectively killing weeds was patentable subject matter. What principle did the Court establish for 'manner of manufacture'?

A.A product must be a physical, tangible article to be patentable

B.An artificially created state of affairs of economic significance can be a manner of manufacture

C.Only chemical compounds, not methods, are patentable

D.Agricultural methods are categorically excluded from patentability

Explanation: NRDC rejected a narrow, literal reading and held that a process producing an artificially created state of affairs of economic utility or significance is a manner of manufacture. This flexible, principle-based test allowed the herbicide method to be patented and remains the foundation of Australian subject-matter law.

3In D'Arcy v Myriad Genetics Inc [2015] HCA 35, the High Court of Australia held that an isolated nucleic acid coding for the BRCA1 protein was:

A.A patentable manner of manufacture because isolation involves human intervention

B.Patentable only if the claim was limited to a diagnostic method

C.Not a manner of manufacture because the substance of the claim was genetic information existing in nature

D.Patentable as a microorganism under the Budapest Treaty

Explanation: The High Court unanimously held the isolated nucleic acid was not a manner of manufacture under s18(1)(a). The substance of the invention was genetic information embodied in the sequence, which was not 'made' by human action; the Court emphasised the claim's substance over its form and the policy considerations for a new class of claim.

4Section 18(2) of the Patents Act 1990 (Cth) expressly excludes a category of subject matter from being a patentable invention. What is it?

A.Computer software

B.Business methods

C.Methods of medical treatment of humans

D.Human beings and the biological processes for their generation

Explanation: Section 18(2) states that human beings, and the biological processes for their generation, are not patentable inventions. This is a specific statutory exclusion, distinct from the general manner-of-manufacture analysis applied to other subject matter such as software or business methods.

5For a standard patent, section 18(1) lists the requirements of patentability in addition to manner of manufacture. Which set correctly states them?

A.Novelty, inventive step, useful, and not secretly used before the priority date

B.Novelty, innovative step, and industrial applicability

C.Novelty and non-obviousness only

D.Novelty, inventive step, and absolute novelty worldwide before filing

Explanation: Under s18(1), a standard patent invention must be a manner of manufacture, be novel and involve an inventive step when compared with the prior art base (s18(1)(b)), be useful (s18(1)(c)), and not have been secretly used in the patent area before the priority date (s18(1)(d)).

6Novelty of a standard patent claim is assessed against the prior art base under section 7(1). An invention is taken to be novel unless it is not novel in the light of:

A.Only documents published in Australia before the priority date

B.Prior art information made publicly available in a single document or by a single act, or in documents/acts that can be combined under s7(1)(b)/(c)

C.Any combination of documents the examiner chooses to mosaic together

D.Information the skilled person could ascertain anywhere in the world

Explanation: Under s7(1), novelty is destroyed by prior art information made publicly available in a single document or through doing a single act, or in two or more related documents/acts that the skilled person would treat as a single source. Unlike inventive step, novelty generally does not permit free 'mosaicing' of unrelated documents.

7A common method for assessing whether a prior publication anticipates a claim asks whether the prior disclosure, if performed, would fall within the claim. This is known as the:

A.Cripps question

B.Windsurfing/Pozzoli structured approach

C.Reverse infringement test

D.Catnic purposive test

Explanation: The reverse infringement test asks whether the alleged anticipation, if the patent were valid, would constitute an infringement of the claim. If carrying out the prior disclosure would infringe, the claim lacks novelty. The disclosure must contain clear and unmistakable directions to do what the patentee claims.

8The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 changed the inventive step test in section 7(2)-(3). What was a key effect on the common general knowledge consideration?

A.Common general knowledge is now limited to knowledge within Australia only

B.Common general knowledge can no longer be considered at all

C.Only common general knowledge published in patents counts

D.The geographical limitation confining common general knowledge to Australia was removed

Explanation: Raising the Bar removed the requirement that common general knowledge be limited to that existing in the patent area (Australia). Under the amended s7(2), obviousness is judged in the light of common general knowledge as it existed, whether in or out of the patent area, before the priority date.

9Before Raising the Bar, s7(3) limited prior art information usable for inventive step to information the skilled person could be 'reasonably expected to have ascertained, understood and regarded as relevant'. What did the 2012 reforms do to this filter?

A.Removed the 'ascertained' restriction so any publicly available information may be considered

B.Strengthened the 'ascertained' requirement

C.Limited the prior art to documents filed at IP Australia

D.Made the filter apply to novelty as well

Explanation: Raising the Bar removed the 'ascertained' restriction from s7(3). After the reform, prior art information for inventive step is information that is publicly available; the skilled person need not have been able to ascertain it. The remaining requirement is that the information be understood and regarded as relevant.

10Section 24 of the Patents Act 1990 provides a grace period that allows certain disclosures to be disregarded from the prior art base. What is the standard length of this grace period before a complete application?

A.6 months

B.12 months

C.18 months

D.No grace period exists in Australia

Explanation: Section 24, together with the Regulations, provides a 12-month grace period: information made publicly available within 12 months before the filing of a complete application (for example by the inventor's own publication) can be disregarded when assessing novelty and inventive step. Applicants should still file as early as possible because foreign jurisdictions may lack equivalent grace periods.

About the AU Patent Attorney Exam

The Australian patent attorney qualification is regulated by the Trans-Tasman IP Attorneys Board (TTIPAB). To register, a candidate must satisfy the prescribed knowledge requirements across nine topic groups, including patent law, patent systems, drafting patent specifications, and interpretation and validity, typically by passing TTIPAB-accredited postgraduate subjects. The substantive law centres on the Patents Act 1990 (Cth) and Patents Regulations, the Raising the Bar reforms, leading High Court authority such as NRDC and D'Arcy v Myriad Genetics, and the Designs Act 2003. Registration covers both Australia and New Zealand under a single trans-Tasman regime.

Exam sponsor: Trans-Tasman IP Attorneys Board (TTIPAB). The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Assessment

Question count not published by the exam provider

Time Limit

Varies by topic group assessment

Passing Score

Set per topic group (commonly ~50%)

Exam / Certification Fees

Set by accredited course providers (confirm on ttipattorney.gov.au)

Exam sponsor website

Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.

Official sources

Our practice resources: topics covered

We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.

22%

Patents Act 1990 & Patentability

Manner of manufacture under s18(1)(a) (Statute of Monopolies, NRDC, D'Arcy v Myriad, Aristocrat), novelty and inventive step under s7 (Raising the Bar prior art base and common general knowledge), utility (s7A), secret use (s9), and the s24 grace period.

18%

Specifications & Claim Drafting

Section 40(2)(a) enablement, s40(3) support and clarity, consistory clauses, claim hierarchy and transitional terms (comprising vs consisting of), the omnibus claim restriction, Markush/genus claims, and amendment limits under s102.

16%

Examination, Acceptance & Opposition

Requesting examination, directions and the 12-month acceptance deadline, the balance-of-probabilities standard, s59 pre-grant opposition (3 months from advertisement of acceptance), re-examination, renewals, and the 20-year term with pharmaceutical extensions of up to 5 years.

16%

Infringement, Validity & Revocation

Section 13 exclusive rights and the 'exploit' definition, s117 supply, s119 prior use, the regulatory (springboarding) and experimental use exemptions, purposive claim construction, s138 revocation grounds, partial validity, unjustified threats, compulsory licences, and remedies.

14%

PCT National Phase & Priority

PCT 31-month national phase entry, Paris Convention 12-month priority, provisional applications, s43 priority dates and restoration, divisional applications, foreign filing restrictions, and expedited examination/PPH.

14%

Designs & IP Overview

Designs Act 2003 newness and distinctiveness (informed user, s19), registration vs certification, 10-year maximum term, the 2021 designs grace period, plus trade marks, copyright, and the trans-Tasman attorney regime.

Preparing for the AU Patent Attorney Exam

What You Need to Know

Passing score: Set per topic group (commonly ~50%)
Assessment: Question count not published by the exam provider
Time limit: Varies by topic group assessment
Exam / certification fees: Set by accredited course providers (confirm on ttipattorney.gov.au) Official sources

Using Our Practice Resources

Work through all 100 available questions
Review every answer and explanation
Track weak areas and revisit them
Use our AI tutor for tough concepts

AU Patent Attorney: Suggested Study Strategy

1Know section 18 cold: manner of manufacture (s18(1)(a)), novelty and inventive step (s18(1)(b)), utility (s18(1)(c)), no secret use (s18(1)(d)), and the s18(2) exclusion of human beings

2Master the NRDC 'artificially created state of affairs of economic significance' test and how D'Arcy v Myriad and Aristocrat apply it to genes and software

3Understand the Raising the Bar changes to s40: enablement (s40(2)(a)) and support (s40(3)) replaced the old fair basis standard

4Memorize key deadlines: 12-month Paris priority, 31-month PCT national phase, 12-month acceptance from the first report, and 3 months to oppose after advertisement of acceptance

5Distinguish novelty (single-source / reverse infringement test) from inventive step (common general knowledge plus combinable prior art)

6Know the infringement framework: s13 exclusive rights, the 'exploit' definition, s117 supply, s119 prior use, and s138 revocation grounds

7Be able to contrast the Designs Act 2003 (new and distinctive, informed user, 10-year max) with patents (manner of manufacture, 20-year term)

Frequently Asked Questions

What is the Australian patent attorney qualifying examination?

It is the set of prescribed knowledge requirements administered by the Trans-Tasman IP Attorneys Board (TTIPAB) that a candidate must satisfy to register as a patent attorney. These are typically met by passing TTIPAB-accredited postgraduate subjects across topic groups such as patent law, patent systems, drafting, and interpretation and validity.

Which statutes and cases are most important to study?

The Patents Act 1990 (Cth) and Patents Regulations are central, alongside the Raising the Bar reforms of 2012. Key cases include NRDC v Commissioner of Patents (manner of manufacture), D'Arcy v Myriad Genetics (gene patents), Apotex v Sanofi-Aventis (medical treatment methods), and Aristocrat (computer-implemented inventions). Designs are governed by the Designs Act 2003.

How many questions are on the exam?

There is no single published question count. Patent attorney registration is assessed across TTIPAB-accredited topic groups, and the format and number of questions vary by accredited course provider. This practice bank provides 100 questions across the core patent law topics.

What changed under Raising the Bar?

The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 raised disclosure standards: s40(2)(a) now requires enablement (clear and complete enough to perform the invention), s40(3) requires support, the inventive step prior art base was broadened, the utility requirement was strengthened, and examination moved to the balance-of-probabilities standard.

Are innovation patents still available?

No. The innovation patent system, which required only an innovative step and had an 8-year term, was phased out. No new innovation patent applications could be filed from 26 August 2021 (other than certain divisionals). Standard patents, requiring an inventive step, remain available.

Is the qualification valid in New Zealand?

Yes. Since 2017 there has been a single trans-Tasman registration regime administered by TTIPAB, so a registered patent attorney is registered in both Australia and New Zealand.

Free Practice Questions for AU Patent Attorney

Explore More Patent Bar & IP Agent Exams

Patent Bar (USPTO Registration Exam)

Australian Trade Marks Attorney Registration Exams (TTIPAB)

Canadian Patent Agent Knowledge Examination (CPATA)

Canadian Trademark Agent Knowledge Examination (CPATA)

China Patent Agent Qualification Examination (PAQE)

CTA Trademark Agent Business Proficiency Examination (中华商标协会商标代理人业务水平考试, China)