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What does a patent attorney do?

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If you have an innovative idea or invention, you might need a patent attorney to help you protect and monetize it. A patent attorney is a legal professional who specializes in patent law and practice. In this article, you will learn what a patent attorney does, how to become one, and what skills and qualities you need to succeed in this field.

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Brian Cronin

Patent Attorney and Course Leader at PATSKILLS
Laila Araujo

Legal Counsel l Intellectual property | IT, contract law | privacy and data protection law | CPIM | compliance
Matthieu Dhenne, PhD

French Patent Litigator I UPC Representative I Arbitrator I Adj. Prof. I OECD Expert

1 What is patent law and practice?

Patent law and practice is the area of law that deals with the creation, protection, and enforcement of patents. Patents are exclusive rights granted by the government to inventors or assignees for a limited period of time, usually 20 years, in exchange for disclosing their inventions to the public. Patents can cover products, processes, methods, systems, or compositions of matter that are novel, useful, and non-obvious. Patent law and practice involves drafting, filing, prosecuting, defending, licensing, and litigating patents.

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Matthieu Dhenne, PhD

French Patent Litigator I UPC Representative I Arbitrator I Adj. Prof. I OECD Expert
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Patent law is designed to protect technical inventions for a limited period of time in order to encourage the development of innovation and, ultimately, economic growth. It is practised in a variety of ways, involving a number of different players: mainly patent litigators (attorneys-at-law specialising in patent litigation), who defend (or challenge) patents before the courts, draft contracts and carry out audits; and patent attorneys, who draft patents and then defend them before industrial property offices.

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2 What does a patent attorney do?

A patent attorney is a lawyer who has passed both the bar exam and the patent bar exam, making them eligible to represent clients before the United States Patent and Trademark Office (USPTO). These attorneys can perform various tasks related to patents, such as conducting patent searches and analyses to determine patentability and validity, drafting and filing patent applications, responding to office actions from USPTO examiners, negotiating and drafting patent licensing agreements, advising clients on patent strategies, portfolio management, infringement risks, and litigation options, as well as representing clients in patent disputes.

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Laila Araujo

Legal Counsel l Intellectual property | IT, contract law | privacy and data protection law | CPIM | compliance
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Resumidamente, um advogado de patentes aconselha inventores e empresas desenvolvedoras de novas tecnologias sobre como proteger o produto e/ou processo criado, realizando buscas de anterioridades, elaborando o texto do pedido para prote??o perante os escritórios de patentes locais. Além disso, o advogado auxilia em negocia??o de contratos de explora??o da patente e atua em a??es judiciais envolvendo infra??es.

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Amar Ajmera

"Catalyzing Success: Your Trusted Technical Business Consultant"
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A patent attorney specializes in intellectual property law, assisting clients in securing patents for their inventions. Responsibilities include drafting patent applications, legal analysis, client consultation, managing patent portfolios, providing litigation support, and overseeing contracts related to patents. They play a key role in protecting and enforcing intellectual property rights.

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Matthieu Dhenne, PhD

French Patent Litigator I UPC Representative I Arbitrator I Adj. Prof. I OECD Expert
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A patent attorney is drafting patents and defending them before industrial property offices. Most patent attorneys are engineers specializing in a particular technical field, with additional qualifications in patent law.

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3 How to become a patent attorney?

To become a patent attorney, you must meet certain requirements. This includes having a bachelor's degree or higher in a science, engineering, or technology field recognized by the USPTO, as well as a Juris Doctor (JD) degree from an accredited law school. Additionally, you need to pass both the bar exam and the patent bar exam in the state where you wish to practice. The bar exam is administered by each state and varies in format and content, while the patent bar exam is a national exam administered by the USPTO with 100 multiple-choice questions. Completing courses and electives in patent law and practice, intellectual property law, contract law, and litigation skills is also necessary for qualification.

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Matthieu Dhenne, PhD

French Patent Litigator I UPC Representative I Arbitrator I Adj. Prof. I OECD Expert
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In some countries, patent attorneys have dual qualifications (technical and legal), while in others they are primarily specialists in a technical field who have obtained an additional qualification to practice as patent attorneys. A difference should be made between patent attorneys and patent litigators, the first are rarely acting before Courts.

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4 What skills and qualities do you need to be a patent attorney?

To be a patent attorney, you need to have a combination of technical, legal, and interpersonal skills and qualities. Specifically, you must have a strong background and understanding of the scientific or engineering field of your clients and their inventions. You also must be able to conduct thorough and accurate patent research and analysis, as well as draft clear and concise patent applications that comply with USPTO rules. Additionally, you need to have a solid grasp of patent law and practice, as well as other areas of law that are relevant to patents. Furthermore, good communication and negotiation skills are essential for working with diverse clients, colleagues, and opponents. Lastly, ethical and professional standards are key for handling stress, deadlines, and conflicts.

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Olivier Corticchiato

Intellectual Property Consulting - ex-Nestlé, ex-Procter & Gamble
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In one word : Think business. Intellectual Property and patent attorneys are only ways/means to help to get a business successful. That’s the ultimate goal.

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Matthieu Dhenne, PhD

French Patent Litigator I UPC Representative I Arbitrator I Adj. Prof. I OECD Expert
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It depends on the region, and therefore on the office. For example, to be a representative before the European Patent Office, you need a specific European Patent Attorney diploma.

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5 What are the benefits and challenges of being a patent attorney?

Being a patent attorney can be a highly rewarding and complex career, depending on your goals, preferences, and personality. Some of the benefits include working with innovative and creative clients and inventions that can have a positive impact on society and the economy, as well as earning a high income and having a variety of work opportunities. Additionally, there is intellectual stimulation and satisfaction from solving complex and novel problems. On the other hand, some of the challenges are meeting rigorous and demanding educational and licensing requirements, keeping up with changing laws, regulations, and technologies in your field, dealing with high-pressure competitive situations, and managing multiple clients and projects.

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Brian Cronin

Patent Attorney and Course Leader at PATSKILLS
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The Patent Attorney Profession is not great because I became a Patent Attorney. I became a Patent Attorney because the Patent Attorney Profession is great.

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Matthieu Dhenne, PhD

French Patent Litigator I UPC Representative I Arbitrator I Adj. Prof. I OECD Expert
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Whether as patent litigator or as a patent attorney, the most important challenge is to successfully blend legal and technical knowledge in order to not only defend, but also propose protection and litigation strategies that enable our clients' protection and development.

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6 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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What does a patent attorney do?

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1 What is patent law and practice?

2 What does a patent attorney do?

3 How to become a patent attorney?

4 What skills and qualities do you need to be a patent attorney?

5 What are the benefits and challenges of being a patent attorney?

6 Here’s what else to consider

Business Development

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What does a patent attorney do?

1

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3

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5

6

1 What is patent law and practice?

2 What does a patent attorney do?

3 How to become a patent attorney?

4 What skills and qualities do you need to be a patent attorney?

5 What are the benefits and challenges of being a patent attorney?

6 Here’s what else to consider

Business Development

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