I joined the patent profession about 20 years ago, having completed a first degree and a PhD in Chemistry.  I am a partner in a medium-sized firm in private practice, and am involved in patent work for a wide variety of clients, including multinational companies, smaller corporations, SMEs, universities,  and even some private individuals.  My clients are in a diverse range of technological areas, with a significant proportion of my work relating to the oil industry, pharmaceuticals, medical devices, and the food industry.  

The job

My job involves advising my clients on how best to protect the innovative ideas they have had, writing a patent application (which is a complex technical document drafted with various legal issues in mind), taking it through the lengthy and relatively complicated patent granting procedure, often advising on post-grant matters such as infringement by third parties, and also advising clients who find that there is a third party patent obstructing their activities in relation to infringement by their own activities.  I deal with both technical people, such as inventors, and senior managers.

In practice, a typical week could include

• talking to a client about a new invention, getting to the bottom of the new invention, and often an unfamiliar technology, and starting to write an application
• drafting an opinion on an infringement or validity issue, to enable a client to make a commercial decision as to whether or not to proceed with an activity they would like to undertake
• drafting written arguments for submission to a patent office to support a case  - this could be in the course of the examination of an application or, after grant, could be in the course of opposition proceedings in which a patent has been opposed
• attending (occasionally) a hearing at the European Patent Office in Munich to argue orally in opposition proceedings

I file UK, European and international patent applications on behalf of my clients, and I also assist them in obtaining protection throughout the world which involves instructing on their behalf local attorneys in the overseas countries in which they require protection.

Entry to the profession and qualification

A degree in the sciences is essential for entering the profession, and a PhD is helpful in obtaining a training position.  A strong interest in law, excellent communication skills, and a strong aptitude for writing clearly and with precision are really important.   Training is provided by the Employer.  Qualification as a UK Attorney and as a European Patent Attorney is in practice essential.  The UK qualification has two main stages.  The foundation stage can be achieved either by examination or by completing a three-month course at Queen Mary, University of London.  Most of the good training firms do now use the QM course, and this is a point that you should ask about at interview, particularly if you have a strong preference for the QM course. 

The UK final examination can be sat as soon as the foundation level is completed.  At least three years experience in the profession is required before enrolment in the European Qualifying Examination, which in practice means that qualification takes at least four years.  The examinations have a strong practical element to them, and previous academic record is not therefore always a good guide to the likelihood of success at the first attempt.  The European Examination includes a requirement for some basic passive foreign language skills.  Many firms provide some assistance with learning French or German to a level adequate to get through the one paper that requires understanding of a document in French or German. 

Training positions are limited in number and much over-subscribed.  Careful preparation of your application is essential to get an interview, and make sure you have researched the profession, and also the firm, if you are lucky enough to get an interview. 

Private practice or industry?

Some attorneys work in private practice, as I do, whereas others work in industrial patent departments of large companies.  The nature of the job is quite different in those two environments.  Whilst over-simplistic, the private practice role can be seen as having greater variety in terms of a wider range of technologies and a wider variety of the people with whom one works, and involves a significant proportion of preparing formal advice to clients, whilst the industry role often involves working almost exclusively in a relatively narrow area of technology in which one then can become more deeply involved, and can involve closer involvement in the commercial decisions of the company, rather than merely providing advice from the outside on which others will make the decision.  It is easier to move from private practice into industry than the other way and therefore, if you are not sure which role you would prefer, you are probably better to start in private practice.  Because the European qualification is a Europe-wide qualification it is easy in the patent profession to work in another European country.  (For example, I spent a short time on secondment to the patent department of a pharmaceutical company in Germany.)  The UK qualification is highly regarded, and qualified UK attorneys are easily able to get jobs in many European countries. 

Further advice

Some useful material is available through the Chartered Institute of Patent Attorneys at www.cipa.org.uk.  I am happy to provide further advice on an individual basis.

E-mail for advice.