Intellectual Property Examinations

In order to qualify as a Patent Attorney or Trademark Attorney, attorneys need to have passed the appropriate intellectual property examinations. In addition, Patent Attorneys also require a technical degree, such as a science or engineering degree in order to qualify as Patent Attorneys. Furthermore, one also has to have completed a law degree, such as an LLB, and have completed mandatory articles of clerkship, before having to sit for and pass the Attorneys’ Admission Examinations. The relevant intellectual property examinations are prescribed by law and set by the South African Institute of Intellectual Property Law.

There are two distinct Intellectual Property Examinations available in South Africa, The Patent Attorneys qualification and the Trade Mark Practitioners qualification. On passing either of these examinations and registration as a Patent or Trade Mark attorney, an attorney is entitled to Fellowship of the South African Institute of Intellectual Property Law. Lectures for both of these qualifications are given by members of the Institute throughout the year.

The examinations for the Patent Attorney qualification is on the following subjects:

• Legal framework for the protection of Intellectual Property in South Africa, including trade marks, copyright and other intellectual property relevant to patent law
• SA patent law and practice
• SA design law and practice
• Selected international patent law, systems, conventions and treaties
• The drafting of patent specifications
• Practical legal problems with regard to patents
• Patent attorney’s practice

The course convenor also tests candidates on their ability to interpret technical drawings, should they not have done a course in technical drawings at tertiary level.

The examinations for Trade Mark Practitioner is on the following subjects:

• SA Trade Mark Law and Practice
• SA Patent Law and Practice
• SA Copyright Law and Practice
• SA Design Law and Practice
• Comparative Study of Selected International Trade Mark Law
• Trade Mark Law and Formalities
• Trade Mark Litigation
• Practical Trade Mark Problems