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Patent examiner

Patent examiners decide whether patent applications should be granted or refused. Patent examiners study patent applications very closely, checking databases and publications to make sure that the idea really is original and has a practical use.

Work activities

Patent examiners investigate applications from people who want to protect their invention. They act in the world of intellectual property rights – this term covers patents, registered trademarks, registered design rights and copyright. The examiner’s job is to make sure the application meets the requirements of patent legislation. A patent attorney often prepares the application on behalf of the applicant. The patent application usually includes a description, a set of claims and drawings. After reading the application, the examiner searches through patent publications to make sure the invention really is new and inventive. The government will only grant the patent if it is satisfied that it meets these criteria.

The examiner uses both United Kingdom and international patent documents in the search, as well as other technical literature and online technical databases. The examiner sends the search results to the applicant, or more often to the patent attorney, who together must decide whether to carry on to the second stage of the application. At the second stage, the patent examiner makes a detailed examination of the description and claims. They will also make a decision about whether the invention is really original and has a practical use. Deputy directors make the decision in cases where disputes cannot be resolved. If the application is refused, the applicant may appeal to the courts. To keep up to date with the latest developments in science, engineering and technology, examiners are encouraged to visit factories, laboratories and exhibitions.

Personal qualities and skills

To do this job well, you’ll need:

  • The scientific and technical ability to analyse and interpret patent applications, including technical drawings.
  • An analytical mind.
  • To be a confident decision maker, and able to show how you reached your decisions.
  • Patience and the ability to pay close attention to detail when searching for existing patents.
  • Good communication skills to work closely with patent attorneys and other professionals.
  • A high standard of writing ability, so that your reports are clear and comprehensive.

This job requires you to be thorough, methodical and logical when assessing patent applications.  The ability to use French or German is an advantage for people wishing to become patent examiners, although relevant training is provided and machine translation software is available.

You must also be able to keep up to date with the changing laws in this area of work, including those changes after 1st January 2021 when the UK withdrew from the European Union.

Pay and opportunities 

Patent examiners are paid on a rising scale. According to jobs site Glass Door, patent examiners earn an average of £39,000 in the UK, although you should expect to start on a much lower salary. Patent examiners usually work a basic full-time week.

Competition for posts as patent examiners is strong, as openings are few and there are often more applicants than vacancies. A public body called the Intellectual Property Office (IPO) employs patent examiners and recruits new staff every so often. The IPO is based in Newport, Wales.

Vacancies are advertised on the Intellectual Property Office (IPO) website. Vacancies are also advertised on all the major job boards, and on the Government’s Find a Job service.

Entry routes and training

Entrants to this career should have a degree in an engineering, science or maths subject, or an equivalent qualification such as membership of one of the major professional institutions. Industrial experience at a high level is also acceptable as an entry route.

Once employed, your training will begin with lectures and seminars on various aspects of intellectual property law and on the basic skills of the examining job.  You will quickly move to receive on-the-job training under the supervision of an experienced patent examiner. Most trainee examiners will be considered independently proficient after around three years, at which point they will be promoted to examiner. Postgraduate courses in intellectual property law are available at various universities and colleges of higher education throughout the UK.

The patent examiner career is structured, with opportunities for promotion after two to four years and again after five to nine to senior examiner. From senior positions, the next step is to deputy director.

Qualifications

The usual entry requirement for a degree course in a relevant subject 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.

Your A-levels should usually include science subjects. Depending on the course, you may also need maths. Other qualifications are often acceptable as alternatives to A-levels, for example:

  • Edexcel (BTEC) Level 3 National qualifications.
  • International Baccalaureate (IB) diploma.

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.

Some professional and scientific staff, for example, in research and development work, may be able to transfer into patent work.

If you don’t have the qualifications needed to enter your chosen degree or HND course, a college or university Access course (e.g., Access to Engineering) could be the way in. These courses are designed for people who have not followed the usual routes into HE.  No formal qualifications are usually needed, but you should check this with individual colleges.

Various institutions offer postgraduate qualifications in intellectual property related subjects, via distance learning.

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