Barry Eagar.


It is critical that a patent attorney understands the context in which he or she is creating intellectual property rights for the client. To act otherwise is to run the risk of placing the client's rights at risk or devaluing the client's efforts.


Full background.

Barry is a registered Australian and New Zealand patent attorney. He is based on the Gold Coast of Australia and has been in the patent profession since 1990. He has developed extensive local and international experience in the drafting and prosecution of patent applications for a diverse range of clients including individuals, start-ups, SMEs, and multinationals. Barry’s patent practice spans a wide range of industries, and particularly focuses on mechanical and electrical engineering, and software. He also counsels clients on enforcement strategies, litigation, and defences to infringement.

Barry holds a degree in Mechanical Engineering and started his career in South Africa working with a large number of innovators in mining technology. He was admitted as a South African solicitor and patent attorney. During his time in South Africa, Barry was not only involved in patent drafting but also patent litigation and licensing, and gained invaluable experience working with innovative mining support companies fighting for an edge in what is a highly competitive industry. As a result, he has a deep understanding of the importance of strategically filed patent applications when building a global patent portfolio.

Barry regularly assists legal counsel in patent litigation. In that role, he provides expert opinions on validity of patents and patent infringement. He also carries out patent research in support of those opinions and to research technology trends that might be useful in litigation and other contentious disputes.

Barry has been a consultant and author for the CCH reporting service Australian Industrial & Intellectual Property. During that appointment, Barry authored sections of the patent commentary covering Drafting & Interpretation of Specifications and Extension of Term of Standard Patents. He also prepared head notes for patent cases published by CCH.

Barry is a CLE (Continuing Legal Education) Board member of the Section of Intellectual Property Law of the American Bar Association (ABA). He has been a regular speaker at ABA conferences covering topics including patent prosecution strategies in Australia and protection of computer-related inventions in Australia. Barry has delivered lectures at local universities on patents and their relevance to entrepreneurs. He has been involved in mentoring groups on the Gold Coast and continues to be excited by enthusiastic inventors and clever products.


Qualifications / Awards.

Qualifications / Education

BSc. Mechanical Engineering - University of Natal, Durban

BProc. (Law) - University of South Africa, Pretoria

South African Patent and Trade Mark Attorney

Registered Australian Patent and Trade Mark Attorney

Registered New Zealand Patent and Trade Mark Attorney

Expertise / Technology Area

Mining equipment, machinery and processes

Drilling equipment

Packaging products, machinery and processes

Micro-electromechanical devices

Control systems

Supply chain logistics

Construction systems and equipment

Materials processing technologies

Software, Internet and information technology

Trade mark selection and protection

Branding advice

Litigation support


Publications / Speaking Appointments.

Patent Developments in Software and Business Methods – Speaker – IPSANZ 2006

Successful Multilateral Patenting – Speaker – American Bar Association (ABA) Annual conference 2007.

Patent Prosecution for Enforcement Success – Speaker – American Bar Association (ABA) IP Section Spring Conference 2009.

Consultant and author for CCH reporting service Australian Industrial & Intellectual Property for Drafting & Interpretation of Specifications and Extension of Term of Standard Patents – 2010 – 2011

Best Practices for Filing and Prosecution of Australian and New Zealand Patent Applications – Speaker – Webinar for American Bar Association (ABA) IP Section 2010

A Brave New World – Understanding Patent Use in China – Speaker – Legalwise presentation 2012

WIPO Arbitration – Moderator – American Bar Association (ABA) Annual Conference 2012

Computer Related Inventions – Speaker – American Bar Association (ABA) IP Section Spring Conference 2013

Prosecuting Patent Applications for Litigation in China, Europe, Japan and Korea – Moderator – American Bar Association (ABA) IP Section Spring Conference 2014

Protection of Designs in Australia – Speaker – American Bar Association (ABA) IP Section Spring Conference 2016

Leveraging China to Commercialise Inventions – Moderator – American Bar Association (ABA) IP West Conference 2018

The Swinging Pendulum of Patentable Subject Matter – LexisNexis Australian Intellectual Property Law Bulletin Vol 31, No 10, page 194 (co-authored with Hedie Meka (PhD)).