To become a patent attorney, you will be required to have a relevant undergraduate/postgraduate qualification and complete a number of exams as part of a wider work-based training programme. The rewards for becoming professionally qualified are manifold. Read on to find out more.
The patent attorney profession is a graduate profession. As a graduate trainee, you complete a minimum specified period of training in a firm, and during that time take professional qualifications. Once both the training and qualifications are successfully completed you may apply to become a registered patent attorney. The UK register is held by the UK Intellectual Property Regulation Board (IPReg); the European register by the European Patent Office (EPO).
Most firms require their trainees to qualify to be registered in both the UK and Europe since in order to represent clients before the EPO, you will need to qualify as a European Patent Attorney. It is usual for a person entering the profession to take four or five years to qualify.
The UK regulations require that you need to be the holder of a degree in order to be considered as a registered patent attorney. In order to take the European Qualifying Examinations (EQE) to qualify as a European Patent Attorney you must hold a science, technology, engineering or mathematics (STEM) degree. In reality, potential employers tend to need you to have a degree in a STEM subject.
There are two sets of qualifications to be undertaken; these qualifications and the time they will take to attain can be seen in this diagram.
This qualification route is divided into Foundation and Final levels. You are also required to complete a minimum two-year training period before qualification.
IPReg accredits several examination agencies to provide Foundation qualifications. There is an examination only route provided by the Patent Examination Board (PEB) as well as in person or distance learning University courses. These courses are listed in the IPReg regulation Rules for the Examination and Admission of Individuals to the Registers of Patent and Trade Mark Attorneys 2011, which can be found at: www.ipreg.org.uk. Your employer will most likely have a preferred route that they will support you in undertaking.
There are four Final examinations; FD1, FD2, FD3 and FD4. The footnote over the page explains the relationship of the EQE examinations to the Final Examinations. IPReg recognises the EQE Papers A and B as equivalent to FD2 and FD3. These test knowledge of relevant intellectual property laws, the ability to draft and amend patent applications, and the ability to assess the validity of a patent and the infringement risks it presents.
The UK regulations require that you need to be the holder of a degree in order to be considered as a registered patent attorney.
Full details can be found on the EQE website at www.epo.org/learning-events
This examination can be taken two years after the beginning of your period of training.
Four papers, A, B, C and D can be taken after successfully completing the pre-examination. These cover the drafting and amendment of European patent applications, the preparation of a formal opposition to a European patent, and the relevant laws and procedures.
Support for studying
Most employing firms offer a formal or an informal training programme that both helps you develop the skills you need to work as a patent attorney, and supports you in developing the knowledge and skills required to successfully complete both the UK and European professional qualifications.
It is usual for a person entering the profession to take four to five years to qualify.
The Informals provide a range of support for the trainee. You can read more about this here.
Study guides and publications
CIPA publishes a number of books to help students with training and examinations. These include general training manuals as well as specific guides for most of the Final examinations. Full details can be found on the CIPA website.
The EPO offers a range of online materials to help you prepare for the examinations. Further details can be found on the EQE website.
Private training providers
There are a number of private training providers that provide examination revision courses for both the UK and European examinations. The largest being JDD Consultants.
Continuing professional development
As the career of a patent attorney progresses, there are additional ways to develop further, such as the development of specific areas of expertise appropriate to the practice, the maintenance of a current knowledge base in the face of changing law and the adoption of other skills.
IPReg and CIPA have a vital part to play in this continuing education process. The Institute arranges a large number of seminars and webinars across the year and throughout the country. These seminars address many topics, from recent law and practice changes in the UK to a detailed examination of specialist subjects and an overview of law and practice in other territories.
Such seminars also cover subjects relevant to the business side of the practice of many UK patent attorneys, aiming to provide knowledge and guidance in dealing with some of the issues that are likely to arise in the running of a practice.
CIPA also provides information to its members by way of monthly newsletter as well as other updates, both on its website and in the CIPA Journal. This information enables members to keep up to date with developments in the UK and across the world.