What qualifications do you need to be a patent attorney?

Jul 14, 2022

Written By Helena Kudiabor

There are so many different areas of the legal profession that you can specialise in- patent attorneys being just one example. If you’re interested in becoming one, here’s what you need to know.

What is a patent attorney?

Patent attorneys advise their clients on how to apply for a patent for their latest invention or design. A patent provides the inventor of the product with the right to stop other inventors from using or copying their product, for up to 20 years.

As a patent attorney, you’ll work with individual clients, or will be employed by an organisation to create patents for their products. Day to day responsibilities include: assessing whether an invention is unique enough to warrant a patent, suggesting adjustments to the definition of an invention and working out if your client’s business ventures will infringe on another person’s patent.

How do I become a patent attorney?

To become a patent attorney, you’ll need a degree or qualification in a technical field. Examples include degrees in science (biology, chemistry and physics), engineering, mathematics and computer science. To gain a degree, you’ll need good A-level results in two to three subjects.

Once you’ve completed your degree, you’ll be able to apply for a trainee position in a patent office. This is similar to an apprenticeship, in the sense that you’ll be studying for your exams and working at the same time. It can take around two years to qualify. It’s also possible to take a postgraduate course in law or intellectual property law, which can exempt you from some of the professional training.

What qualifications do patent attorneys have?

There are two parts to the qualification process, Foundation and Final, but the specifics of the route you’ll take depends on your employer’s preferences. At Foundation level, you can either complete the foundation certification exams designed by the Patent Examination Board, or the Foundation Certificate Course.

Both of these are accredited by the Intellectual Property Regulation Board, which controls the UK Register of Patent Attorneys. The Final level involves four exams, which assesses your ability to draft patent applications and your knowledge of intellectual property law.

As well as this, you’ll complete two years supervised practice, or a minimum of four years unsupervised full-time practice. If you’re being supervised, you must be supervised by a UK patent attorney or a lawyer with plenty of experience with patent attorney work. Once you’re qualified, you’ll be accepted onto the UK Register of Patent Attorneys.

Some firms may require you to be qualified as a European patent attorney. These are set out by the European Patent Office. To do this, you’ll complete three years training and a pre-examination, before taking the European Qualification Examination. After this, you’ll be an official member of the Institute of Professional Representatives before the European Patent Office.

What personal qualities do I need to become a patent attorney?

To become a successful patent attorney, personal attributes are just as important as professional qualifications. You’ll need excellent verbal skills for communicating with your clients, as well as strong written skills to present a convincing argument for why a patent should be granted.

You’ll also need to be particularly thorough, and pay close attention to detail, as making even a small mistake in a patent application can be disastrous.

It can also be advantageous to be able to read French and German at a business level. This is because clients can often need a European patent, which can be written in English, French or German. Chinese or Japanese skills can also be useful.

Can I become a patent attorney without a technical degree?

It can be difficult, but it’s not impossible. If you have a lot of technical knowledge and experience, you may still be able to qualify as a patent attorney. For instance, if you are a solicitor who has spent much of their legal career working in intellectual property rights. However, this wouldn’t exempt you from passing professional exams.

While the road to become a patent attorney can seem long, the exciting, diverse nature of the field makes it all worth it.

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