A patent attorney is someone who’s qualified to give advice about patents, to get patents granted, and to help businesses make use of their patents, including to stop other people copying their ideas.
Last Updated: November 1, 2024
A patent attorney is someone who’s qualified to give advice to people about patents and to act on their behalf – for example, by getting a patent registered in the first place or helping them navigate other people’s patents.
Patent attorneys usually know about other areas of IP law – such as copyright, trade marks, design rights and so on – and may be qualified to practise in those areas too.
The daily work varies from meeting with inventors and drawing up the technical description of an invention so that it meets the right legal standards, to representing a client at a patent office hearing held to decide whether a patent is valid. Patent attorneys also handle the sometimes long and involved legal process of applying for patents, facing down objections and challenges. On occasion they work as part of a team with IP solicitors and/or barristers to take legal action against people who try to use their clients’ intellectual property without permission.
A patent attorney is the person who is technical enough to understand the science of inventions, legal enough to do the law bit, and human enough to interact with clients and make all this complex stuff simple.
Most patent attorneys work either in “private practice” (ie in IP law firms) or in the IP departments of bigger companies (eg manufacturing companies). A few patent attorneys work in government departments.
The role in all three places is basically the same, except that in private practice, you’re working for a law firm representing a whole range of clients – who may have a wide set of needs. Meanwhile, in industry or government, you’ve just got one client: your employer.
It’s not difficult to move between the three during your career.
There are jobs for qualified patent attorneys in lots of countries. Some UK-based organisations will employ patent attorneys to work, at least some of the time, in their international offices. But if you want to work as a patent attorney for a non-UK organisation, you will typically need to requalify in their country.
Even though patent attorneys are qualified lawyers, they need to have the scientific knowledge for the job to start with. You’ve got to have a degree in science or engineering – usually one with a good grade. Even that may not be enough. Many applicants will have a Masters degree (an MSc or MEng), and some will have a doctorate (a PhD) or even scientific research under their belts. A basic IP qualification (see “What’s the training?” below) or foreign languages (especially French, German, Chinese or Japanese) can also help.
Beyond that, employers will also expect you to have great communication skills, an aptitude for the law (which you usually develop through training), a close eye for detail and good time management skills.
Usually you get a job first and then get trained by the company your work for – either in a patent attorney’s office or in a company patent department, alongside some other studies.
The training involves two sets of exams, which you must pass to be qualified as both a UK and European registered patent attorney. You also need to complete your training period and get a good knowledge of the law. This generally takes a minimum of three years.
You don’t have to be in a company to begin your training. There are Certificate and Masters courses in intellectual property run by Queen Mary, University of London and Brunel University. Certain of these courses will give you an exemption from some of the UK qualifying exams. You can take these courses before applying for trainee patent attorney positions (but it is not mandatory to do so).
This is cutting edge stuff, dealing with the latest developments in science and technology and often protecting the magic ingredients that make businesses, large and small, successful. It requires brainpower and it keeps you stimulated, developing and learning throughout your career. You get to work with some really bright, creative people – both colleagues and clients.
The exams are tough and so is the intellectual challenge of understanding new technologies. You also have to be wired for attention to detail, and able to work to strict deadlines.
Watch out for graduate recruitment adverts at your university, or check out job vacancies on the IP Careers jobs board or the CIPA website (CIPA, the Chartered Institute of Patent Attorneys, is the body that represents and supports UK-qualified patent attorneys).
The websites of individual patent and trade mark firms are also a good source of information and often list open or upcoming positions. Or you can just write to employers and ask about vacancies – although some of them will only recruit at certain times of year.
The CIPA website also provides more information about how to become a patent attorney. Further information and useful links can be found on the Prospects website.