Patent Law And The Open Road: Exploring Travel Requirements

Patent attorneys are responsible for protecting the intellectual property rights of inventors by submitting patent applications on their behalf and pursuing legal action against those who attempt to steal their clients' ideas. The role requires strong communication skills, an eye for detail, and the ability to discuss inventions with clients. While the position can be financially rewarding, it may also demand a significant amount of travel, especially for hearings and meetings. For example, the European Patent Office (EPO), where patent attorneys often have to attend hearings, has headquarters in Munich and a branch in The Hague. Additionally, there are opportunities for senior patent attorneys to travel internationally for business development.

Patent attorneys tend to work on patents, registered designs, and copyrights

Patent attorneys work on obtaining patents and protecting technology. To obtain a patent, an invention must be new and non-obvious. Patent attorneys may also advise on registered designs, which protect the appearance of a product, such as the design of a car headlight. Occasionally, they may advise on copyrights.

Patent attorneys work with a range of clients, including scientists from university technology transfer departments, spin-out companies founded by academics, small- and medium-sized enterprises, and large domestic and international clients. They also work with foreign attorney firms to help their clients obtain global patent coverage.

A typical day for a patent attorney might involve assessing technology and advising on its patentability, drafting and filing patent applications, guiding clients through the application process, and advising clients on what they can do with their patents and their freedom to operate in a particular area of technology. Patent attorneys also get involved in contentious matters, acting before patent offices such as the European Patent Office (EPO) to challenge, defend, or oppose patents.

While most of a patent attorney's work is office-based, they may need to travel to meet clients or to attend hearings at patent offices. For example, the EPO has headquarters in Munich and a branch in The Hague, so European patent attorneys often travel to these locations for hearings. As patent attorneys become more senior, they may also have opportunities to travel abroad for business development.

They advise on the patenting process and whether an invention is truly innovative

Patent attorneys advise clients on the patenting process and whether an invention is truly innovative. They help clients obtain patents and act in all matters relating to patent law.

To obtain a patent, an invention must be new, non-obvious, and useful. Patent attorneys assess technology and advise on whether it is patentable. They also advise clients on what they can do with a patent once they've obtained it, and on their freedom to operate in a particular area of technology.

Patent attorneys draft and file patent applications. The most important part of the patent application is the section that contains the claims. The claims define the subject matter for which the client is seeking patent protection. A patent attorney needs to claim the invention as broadly as possible to give the client the widest scope of protection. Further claims with narrower focuses should also be included in case the broad claim accidentally covers something already in existence that the attorney wasn't aware of.

Once the claims section is finished, the description needs to be drafted. This must describe the invention clearly and completely enough for someone skilled in the relevant field to be able to carry it out. This is part of the bargain between the patent-holder and the public: a limited monopoly is granted in exchange for telling the public how to practice the invention.

They must pass rigorous exams to become qualified

Patent law is a highly specialised field, and as such, it requires rigorous exams to ensure that practitioners are qualified to practice. These exams are known as the Patent Bar Exam, and they are administered by the United States Patent and Trademark Office (USPTO). The requirements to sit for the exam are outlined in the General Requirements Bulletin, which is published by the USPTO.

To become a patent attorney or agent, one must possess a combination of legal and technical knowledge. While a law degree is not required, a scientific or engineering background is necessary. The specific fields of science or engineering that are accepted include:

• Computer Science
• Aerospace/Aeronautical Engineering
• Agricultural Engineering
• Biomedical Engineering
• Chemical Engineering
• Civil Engineering
• Computer Engineering
• Electrical Engineering
• Electrochemical Engineering
• Electronics Engineering
• Environmental Engineering
• Geological Engineering
• Industrial Engineering
• Materials Engineering
• Mechanical Engineering
• Metallurgical Engineering
• Petroleum Engineering
• Electronics Technology

In addition to having a degree in one of these fields, applicants must also demonstrate good moral character and meet citizenship requirements. They must pay a total of $502 to take the exam, which consists of two three-hour sessions and 100 multiple-choice questions. The pass rate for the exam is very low, often less than half of those who take it.

Once an individual has passed the Patent Bar Exam, they can then work towards becoming a qualified patent attorney or agent. This process involves gaining practical experience and further qualifications. For example, in the UK, most patent attorneys are dual-qualified as UK patent attorneys and European patent attorneys. This involves additional exams and training specific to the region in which they wish to practice.

They can work for private practice firms or as in-house attorneys

Patent attorneys can work for private practice firms or as in-house attorneys. Private practice attorneys tend to work with a wider range of clients and technologies than their in-house counterparts. They are also more likely to become involved in contentious issues such as infringement, validity and enforcement.

In private practice, attorneys are expected to advise and educate clients, and then carry out the client's instructions. This means that they have less control over their workflow and may need to work evenings and weekends to meet deadlines. However, they have more opportunities to build their own practice and develop new and existing clients.

In-house attorneys, on the other hand, work directly for a single organisation, usually an industrial firm. They may have more opportunities to collaborate with colleagues in other departments, such as R&D, sales, marketing and manufacturing, and to take on a more business-focused mindset. They may also have more opportunities to manage and train others, and to take on strategic responsibility.

In-house attorneys are not usually required to seek out their own work or account for their time in the same way as private practice attorneys, but they may still experience high workloads and pressure. They may also have less exposure to different technologies and brands, and to the different technical and patent practice issues that can arise.

Both roles can be highly social, but in-house attorneys may spend a greater proportion of their time in meetings.

The role is client-facing and involves a lot of independent work

Patent law is a highly specialised field that combines technical knowledge with legal expertise. As a patent attorney, you'll be working with a range of clients, from scientists in university technology transfer departments to large domestic and European clients. The role is client-facing and involves a lot of independent work.

A typical day for a patent attorney might involve assessing technology and advising on its patentability, drafting and filing patent applications, responding to a patent examiner's report, and advising clients on what they can do with a patent and their freedom to operate in a particular area of technology. It's a deadline-driven job, as patent offices set strict timelines that must be adhered to. While it's not common to work evenings or weekends, there may be times when you need to put in extra hours to meet these deadlines.

Excellent communication skills, both verbal and written, are essential for this role, as you'll be constantly interacting with clients, examiners, and other officials. Strong analytical skills and an eye for detail are also crucial, as you'll need to review professional literature, similar patents, and products to determine the originality of an invention before drafting a patent application.

In addition to their technical knowledge, patent attorneys must also possess litigation skills and trial experience. They need to be prepared to defend and protect patents, which may involve challenging someone else's patent or representing a client in a dispute.

While most of your work will be done in the office, there may be times when travel is required, such as attending hearings at patent offices or travelling abroad for business development purposes once you become more senior. However, with the advent of virtual meetings and depositions, travel has become less frequent, especially for local cases.

Overall, a career in patent law offers a unique combination of STEM and legal expertise, allowing you to work independently and directly with clients while also providing opportunities for specialisation and advancement.

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