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Patent attorney
Patent attorneys give technical and legal advice to people who want to protect their innovations. Their work includes advising on all areas of intellectual property. The process of applying for a patent is a complicated one, so many people use the services of an attorney.
Also known as:
- Patent agent
Work activities
Patent attorneys give technical and legal advice to people who have ideas for new inventions, designs or processes. The process of applying for a patent is a complicated one, so many people use the services of an attorney. Patent attorneys must have the scientific and technical knowledge to interpret drawings and prototypes, to understand what the invention is. Attorneys are often also able to give advice on how likely the invention is to be a commercial success. Inventions range from simple gadgets to complicated mechanical, chemical and electronic processes and apparatus.
The Government’s Patent Office can grant a patent if:
- The invention is new.
- The invention is not obvious to someone working in the area for which it is intended.
- The invention has a practical use.
To enable a patent examiner at the Patent Office to decide if an invention meets these criteria, the patent attorney must first produce a written document that clearly defines and describes the invention. The patent examiner then looks at the document. The examiner searches through patent publications, technical databases and literature to make sure the invention is novel and truly inventive. The examiner sends a report to the attorney, who helps the inventor to decide whether or not to proceed with the application. If the Patent Office raises any objection to the application, the attorney will prepare written arguments, which may be of a technical or legal nature, to obtain the best possible protection for the applicant’s invention.
Most patent attorneys also become European patent attorneys, entitling them to practise before the European Patent Office (this career is not affected by Brexit). Patent attorneys in the European Patent Office use the English, French and German languages to process patent applications from across the Continent. Patent attorneys have the legal skills to enforce their clients’ rights in court, either acting alone or as part of a legal team. All patent attorneys have the right to appear as advocates in the Patents’ County Court. Although a patent attorney’s main qualification is in patents, they may deal with all forms of intellectual property rights, including registered design rights and copyright.
Personal qualities and skills
To do this job well, you’ll need:
- To keep up to date with technological developments.
- Knowledge of the law and how it affects intellectual property.
- Strong communication skills to work with inventors, Patent Office staff and court officials.
- The confidence and ability to construct a logical and persuasive argument when you represent an applicant in court.
- Excellent written skills to produce clear and comprehensive reports.
- Awareness of the marketplace that any invention may enter.
The ability to read either French or German is very useful. Knowledge of other European languages would also be useful.
Pay and opportunities
Pay rates for patent attorneys are similar to other professionals in legal work. Patent attorneys start on around £27,000, rising to £80,000 in the most senior positions. Fees for self-employed patent attorneys vary depending on the type of work undertaken and the length of time in which they have been established in the career. Earnings are similar to those given above.
Patent attorneys typically work a 37-39-hour week. However, some late finishes and weekend work may be required.
Most patent attorneys work for firms of agents in private practice. Other employers include the patent departments of large industrial organisations and government departments. Opportunities for patent attorneys occur in offices in towns and cities throughout the UK.
Self-employment opportunities occur for patent attorneys to establish their own firms in private practice.
Where are vacancies advertised?
The Chartered Institute of Patent Attorneys’ (CIPA) website lists vacancies connected to this career. Vacancies are also advertised on all the major job boards, and on the Government’s Find a Job and Find an Apprenticeship services.
Entry routes and training
To become a patent attorney, you’ll usually need a degree in a science, engineering or maths subject. Of course, there are a huge number of courses related to the subject areas above, so it’s a good idea to look for courses that offer units covering subjects like intellectual property or patent law. By studying these subjects, you could be exempt from some of the Chartered Institute of Patent Attorney’s (CIPA) exams. For some positions, you’ll need at least a 2:1 in your degree.
To become a patent attorney in the UK, knowledge of French or German is highly desirable, although not essential. If you want to work for the European Patent Office, you must be on the list of qualified practitioners. This means you must pass the European qualifying examination. You will need a good reading knowledge of French and German, which, alongside English, are the working languages of the Office. Postgraduate courses in intellectual property law are available at various universities and colleges of higher education throughout the UK. Studying these courses gives you exemption from some of the CIPA’s exams.
Trainee patent attorneys are known as technical assistants or patent assistants. They are given legal training in a patent attorney’s office or company patent department, while studying part-time for the professional examinations of the CIPA and the Institute of Trademark Attorneys. Training usually takes between four and five years to complete.
There are variety of options for people making progress in this career. Some attorneys become patent examiners. Some specialise in a particular area of patents. The major goal for many in this profession is to become a partner in a firm.
Qualifications
The usual entry requirement for a relevant degree course is:
- Two to three A-levels.
- GCSEs at grades 9-4 in your A-level subjects.
A further two to three GCSEs at grades 9-4, including English and maths. A-levels in relevant subjects such as history will help, as well as the maths and science subjects needed to get onto a STEM course. A GCSE in French or German is useful, but not essential.
Edexcel (BTEC) level 3 National qualifications or the International Baccalaureate (IB) diploma may be accepted. You should check prospectuses carefully for specific requirements.
Adult opportunities
Age limits: It is illegal for any organisation to set age limits for entry to employment, education or training, unless they can show there is a real need to have these limits.
People with considerable experience in a company’s patent department may be able to become patent attorneys. Some professional and scientific staff, for example, in research and development work, may be able to transfer into patent work.
