As a patent attorney you'll assess whether inventions are new and innovative, and therefore eligible to be patented
Specially trained in drafting patents and with knowledge of intellectual property law, patent attorneys lead individual inventors or companies through the required process to obtain a patent and then act to enforce inventors' rights if patents are infringed.
Patents are granted by the government and give inventors the right to prevent other parties from using or copying their invention for up to 20 years.
You can only use the title 'patent attorney' once you're qualified and entered on the UK Register of Patent Attorneys. Most patent attorneys are chartered patent attorneys and European patent attorneys, and some are also registered trade mark attorneys.
These will depend, to some extent, on whether you're advising private clients or employed by a large organisation to protect their products. However, you'll need to:
- discuss inventions and processes with inventors or manufacturers and ascertain whether they're likely to succeed in being granted patents
- analyse scientific or technical documents, including previously granted patents, to assess whether an invention is new and innovative
- write detailed technical descriptions of inventions in precise legal terms (patent drafts)
- suggest modifications or extensions to the definition of the invention
- apply for patents from the Intellectual Property Office (IPO) and the European Patent Office (EPO)
- prepare responses to reports from patent examiners
- ensure application and renewal deadlines are met
- work with solicitors and barristers to defend or enforce UK patents
- conduct litigation in proceedings at the EPO or in the Intellectual Property Enterprise Court (IPEC)
- advise overseas attorneys on applications for foreign patent applications
- instruct on whether business activities will infringe someone else's patent rights
- deal with assignments of patent when a patent is sold or transferred
- keep up to date with legal developments in the intellectual property field
- advise on other intellectual property rights, e.g. designs or trade marks
- tutor and mentor trainee patent attorneys.
- As a trainee patent attorney you can earn in the region of £35,100, rising to £40,900 when part-qualified (or £38,000 to £45,000 when moving firms).
- As a newly qualified patent attorney your salary will be around £58,800 (£62,000 to £67,000 when moving firms), rising to around £69,700 after two or three years (£70,000 to £80,000 when moving firms).
- Qualified attorneys with around five years' experience can earn around £78,000 (£80,000 to £100,000 when moving firms). This rises to around £115,200 for those at salaried partner level (£110 to £140,000 when moving firms). However, an equity partner (who owns a share in the firm) could earn anywhere between £150,000 and £500,000.
Regional salaries are broadly the same as those within the London area.
Following qualification, the highest salaries are sometimes found working in-house for a company. However, at partner level, salaries in private practice are far greater than in industry and it would be at partner level that you would spend the greatest portion of your career. Attorneys frequently take a pay cut to move from industry into private practice, just before partnership, for the longer-term benefits available.
Additional benefits include bonuses, the payment of membership subscriptions, healthcare, life insurance and a pension.
Generally, hours are Monday to Friday, nine to five, but you'll need to work extra hours to meet deadlines.
What to expect
- You'll need to work well independently, particularly in private practice, although colleagues will be available to give advice. You're more likely to be part of a team working in industry.
- You'll need to be comfortable working to tight deadlines and working on several different patent applications for more than one client at the same time.
- This is a small profession with excellent career prospects, but getting into the profession as a new trainee can be challenging. Competition is particularly fierce and it may be worth applying for regional positions.
- Work is usually office based, although travelling to meet clients is common as they may wish to patent a product or process, which is easier to demonstrate on site. You may also have to visit court, the IPO and the EPO.
You'll usually need a degree (at least a 2:1) in a science, engineering, technical or mathematics-based subject to get a job as a trainee patent attorney. Training takes place on the job and includes self-directed study, in-house support and guidance, and external training courses.
There are two parts to the qualification process and you must successfully complete both in order to be accepted on to the UK Register of Patent Attorneys, held by the Intellectual Property Regulation Board (IPReg).
The UK qualification route you take will probably depend on your employer's preference and is divided into two levels - Foundation and Final. At foundation level, you can complete either:
- the IPReg-accredited Foundation Certificate examinations provided by the Patent Examination Board (PEB) or
- the IPReg-accredited Foundation Certificate course, currently provided by Bournemouth University, Brunel University and Queen Mary, University of London.
This is followed by four Final Diploma examinations, which test your knowledge of intellectual property law, your skills in drafting and amending patent applications, and how well you assess a patent's validity.
As well as completing a qualifying course, you must also undertake either two years' supervised full-time practice or not less than four years unsupervised full-time practice in intellectual property, with substantial experience of patent attorney work. If you're undertaking two years of supervised practice, this must be done by a UK patent attorney or a solicitor or barrister who has substantial experience of patent attorney work.
For full details of how you'll be assessed, see IPReg - Admission to the Register.
Most firms will also expect you to qualify as a European patent attorney. The European register is held by the EPO. To qualify as a European patent attorney, you'll need to complete three years' training under the supervision of a European patent attorney and take a pre-examination before taking the European Qualifying Examination. You can then become a member of the Institute of Professional Representatives before the European Patent Office (EPI).
In practice, it usually takes around four to six years to qualify as both a UK and European patent attorney.
For more information, see Careers in Ideas.
You'll need to have:
- an understanding of scientific and technological principles and processes in order to understand the invention yourself and be able to explain it to others
- communication skills, particularly written skills, in order to convince the IPO that a patent should be granted
- the ability to express complex technical ideas clearly and concisely
- an eye for detail and an analytical mind
- interpersonal skills for dealing with clients
- the ability to structure a precise, coherent argument
- confidence and tenacity
- a willingness to get to grips with legal and commercial arguments
- self-motivation and the ability to manage your own workload
- time management skills
- a readiness to take responsibility.
A working knowledge of French and German is also useful as these, along with English, are the official languages of the EPO. Knowledge of Japanese and Chinese may also be an advantage.
Getting relevant work experience with patent firms is challenging due to the confidential nature of the work. Although opportunities are rare, Easter and summer internships lasting one to two weeks do exist. These internships will give you the opportunity to find out more about the role.
Some firms provide an insight day or week to first-year students interested in a career in IP. These sessions usually focus on the company itself but are a good way of finding out about how a particular firm works and shows your interest in the profession.
If you're unable to get experience with a patent firm, look for work experience that allows you to develop your communication, reasoning, attention to detail and analytical skills as these are key skills that patent firms look for.
Patent attorneys are typically employed by:
- law firms in private practice
- the law department of large industrial companies
- government departments.
Although your work activities are more or less the same wherever you work, when working in private practice you'll be working for a range of clients represented by the law firm, while in government or industry, you'll just have the one employer.
Most private practices have websites where you can find out more about the size of the firm and whether they cover any areas of special interest. Clients in private practice can include:
- large companies
- start-up companies
- universities and research organisations.
Industrial employers include manufacturers of every kind of product, from food to heavy industrial processing equipment, and from biotechnology to the automotive industry. Patent attorneys will work on any patent issues relating to the products that these employers produce.
There are some opportunities to work overseas in other English-speaking countries and many UK-based private practices also have small offices in Europe.
A small number of patent attorneys are employed by government departments such as the Ministry of Defence (MoD).
It's possible to move between different types of employer during your career.
Look for job vacancies at:
Search the IP Careers Directory of Employers for a list of patent firms. The directory provides employer profiles and details of vacancies for trainee and qualified attorneys.
Once qualified, you must complete a certain amount of continuing professional development (CPD) every year. This can include attending seminars and webinars on particular areas of patent work and intellectual property law run by CIPA and other relevant organisations, as well as seminars to help develop your business skills when running a practice and other activities such as teaching work, examining and tutoring.
It's important to keep up to date with developments in patent law in the UK and overseas through reading the specialist press such as the CIPA Journal.
Most patent attorneys go on to become Fellows of CIPA, which allows you to use the title of Chartered Patent Attorney.
Once qualified, the usual route in private practice is to go on to become a partner of a firm. There may be an intermediary 'associate' step before partnership in some firms.
You may decide to specialise in a certain area of patents, such as chemical patents, or choose to spend time helping the firm expand and develop. However, you'll still be expected to make a significant contribution towards patent work.
In large companies, the usual route for progression is to a managerial position. This may mean you spend less time on actual patent work and more time guiding and advising colleagues, dealing with personnel matters and budget issues.
It's also possible to become a self-employed patent attorney, either taking on freelance work or setting up your own patent agency. Alternatively, you could choose to develop your career by becoming a patent examiner working for the IPO, examining patent applications from the other side.