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Patent attorney

  • Hours

    30-40 per week

  • Starting salary

    £20,000 + per year

Patents are granted by the government to help an inventor or company to protect their invention being copied by others for up to 20 years. As a patent attorney (previously known as a patent agent) you would help your clients or employer secure and protect patents and other intellectual property rights. If you've got a scientific or technical background and have an analytical mind, this job could be ideal for you.

In this job you also have to know about intellectual property law. You will need to be able to explain complex technical information clearly.

Many people entering this work have a degree in a scientific, engineering or technical subject. However, you might not need a degree if you have experience in high-level technical jobs. You will usually start out by finding work as a technical assistant and learning on the job.



The work

As a patent attorney, your work would involve:

  • meeting inventors or manufacturers to find out the details of their invention
  • searching existing patents to check that the invention is original
  • advising about the chances of being granted a patent
  • writing a detailed legal description of the invention (known as a patent draft)
  • applying for patents to the UK Intellectual Property Office or European Patent Office
  • answering questions from patent examiners
  • advising clients whose patent rights may have been broken
  • representing clients if a case comes to court
  • advising on other intellectual property issues such as design, copyright and trade marks
  • keeping up to date with intellectual property law.

Many patent attorneys are also qualified trade mark attorneys.


Hours

You would typically work standard office hours, Monday to Friday, possibly with occasional overtime if necessary to meet deadlines.

You would be mainly office-based, but also travel to meet clients, attend court and visit the UK Intellectual Property Office. There may also be overseas travel to the European Patent Office in Munich.


Income

Trainees usually earn between £20,000 and £30,000 a year. Newly-qualified salaries are between £50,000 and £70,000, and can reach £100,000 after three to five years' experience. Partners in private practice can earn between £100,000 and £300,000 a year.

Figures are intended as a guideline only.


Entry requirements

You will need a strong scientific or technical background. In practice, this usually means you should have a degree in a scientific, engineering or technical subject. It may be an advantage to also have a postgraduate scientific or engineering qualification.

Since a large part of patent attorney training involves on-the-job experience, you will usually start your career by finding work as a technical assistant either in a firm of attorneys, or in an industrial patent department.

You may be able to find work without a scientific or engineering degree if you have high-level technical experience in industry, or if you are a qualified solicitor with experience of working in intellectual property rights. Contact the Chartered Institute of Patent Attorneys (CIPA) for advice.

You may make yourself more attractive to employers by taking a Postgraduate Certificate or LLM in Intellectual Property Law, which can count towards qualification as a patent attorney. Many trainees are sent by their employers to one of these courses. Courses are available at:

  • Bournemouth University Centre for Intellectual Property Policy and Management
  • Brunel University, Middlesex
  • Manchester University
  • Queen Mary University Intellectual Property Research Institute, London.

You can find more information about the courses from the links below:

It also helps to be able to read French and German to a reasonable level, as clients often want advice about the scope of European patents, which can be prepared in English, French or German. However, formal language qualifications are not essential as you don't need fluent speaking ability, just a good reading knowledge.


Training and development

The Intellectual Property Regulation Board, which was set by CIPA and the Institute of Trade Mark Attorneys (ITMA) as the regulator of the IP professions, is responsible for the requirements for registration as a patent or trade mark attorney.

Once you start as a technical assistant in a firm of patent attorneys, you will learn on the job and also study for professional exams from the Chartered Institute of Patent Attorneys (CIPA).

Passing the CIPA exams will allow you to join the Register of Patent Attorneys. To qualify, you must pass a series of exams at Foundation and Advanced levels. You must also have at least two years' experience working under the supervision of a qualified patent attorney whilst you study for your exams (although in practice many trainee patent attorneys take four or five years to qualify).

If you hold an LLM or Postgraduate Certificate in Intellectual Property Law, you will be exempt from some or all of the foundation papers.

See the CIPA website for more information about qualification and membership.

Most patent attorneys also aim to qualify as European patent attorneys by working towards the European Qualifying Exam. To sit the exam, you need at least three years' experience under the supervision of a registered European patent attorney.

There are two independent professions of patent attorney in the UK, one regulated by IPReg (UK patent attorney) and one regulated by the European Patent Institute (EPI) in Munich (European Patent Attorney). A UK patent attorney cannot work at the European Patent Office in Munich (EPO). Only a European Patent Attorney can represent clients before the EPO. Practice before the UK patent office has been deregulated, so that any person can practise before it. The qualification of UK patent attorney is really only of use if you wish to be able to perform reserved legal services in the UK (e.g. conduct patent litigation). The European Commission has recently proposed the introduction of a unitary European patent, which will be granted by the European Patent Office. Once these patents take over from national patents, UK patent attorneys may not be needed. Thus, it may be better to focus attention on qualifying as a European Patent Attorney, not as a UK Patent Attorney.


Skills and knowledge

To be a patent attorney you should have:

  • a scientific or technical background
  • an understanding of intellectual property law
  • excellent spoken and written communication skills
  • the ability to explain complex technical information clearly
  • good analytical skills
  • the ability to work under pressure and meet deadlines
  • accuracy and attention to detail
  • the ability to read French and German.

More information

Chartered Institute of Patent Attorneys (CIPA) (Opens new window)
95 Chancery Lane
London
WC2A 1DT
Tel: 020 7405 9450
www.cipa.org.uk

Intellectual Property Regulation Board (Opens new window)
5th Floor, Outer Temple
222-225 Strand
London
WC2R 1BA
Tel: 020 7353 4373
www.ipreg.org.uk

UK Intellectual Property Office (UK-IPO) (Opens new window)
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
Tel: 0845 9 500 505
www.ipo.gov.uk

European Patent Institute in Munich (Opens new window)
http://www.patentepi.com/patentepi/en/index.php

European Patent Office (Opens new window)
www.epo.org


Opportunities

You could work in private practice, advising clients on patent rights, or for a large manufacturer's in-house patent department. Competition for trainee places is strong.

Jobs may be advertised on the CIPA website, in scientific and technical trade journals, and by specialist recruitment agencies.

With experience, you could become an associate or partner in a private practice firm. In industry, you could move into management or research and development. You could also choose to become a patent examiner with the UK Intellectual Property Office or European Patent Office.

European patent attorneys are actually in competition with UK patent attorneys for patent work, although many UK patent attorneys are also European patent attorneys. They are entitled to work anywhere in Europe.

You may find the following useful for job vacancies and general reading (links open in new window):

Job profiles are based on the latest information supplied to us by industry bodies, such as Sector Skills Councils. Please be aware that with the introduction of the Qualifications and Credit Framework (Opens in a new window) there has been, and will continue to be, changes to vocational qualifications. For more information, please check with industry bodies directly.

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