Whenever I talk to people about how I became a patent attorney, they seem surprised that I studied physics rather than law. However, my background is actually quite common in the profession, as a degree in a science subject is almost essential for the job. In my case, I moved into intellectual property nearly 10 years ago after doing a PhD in quantum computing at the University of Leeds in the UK, followed by a postdoc in the same subject at Louisiana State University in the US.

I explored what other opportunities were on offer and changed fields after realizing that a career in physics was not for me. At first glance, the switch from physics to patent law seems a big one, and it might seem like you’d have to first do a law conversion course. In fact, you don’t, and the transition is smooth as there is on-the-job training. Indeed, having a PhD or industry experience is often an advantage because inventors like to work with people from their own field.

If you think a career as a patent attorney is worth considering, there are several questions you are bound to have. Apart from the most obvious one – what exactly is a patent? – you’ll probably also want to know what do you do as a patent attorney? How do you enter the patent profession? And what sort of training is involved? I hope my answers to these questions give you a clearer idea of the profession and how to pursue it.

So what is a patent?

A patent is a form of intellectual property that protects an invention. In return for disclosing the details of the invention to the public through publication of a patent, the proprietor gains a monopoly right for a particular country. The scope of this monopoly right is defined by what are called the “claims” of the patent. The patent also includes a detailed description and diagrams of the invention.

What does work as a patent attorney involve?

I spend a typical day reading and writing about inventions, which makes for a fun job as you are constantly learning about the latest technology. Specifically, patent attorneys write patents – a process known as “drafting” – and work to achieve the granting of them by a patent office through a process known as “prosecution”. During drafting, a patent attorney will discuss the invention with the inventor, and write claims and a description of it. Having previously done research into quantum computing, I particularly enjoy working with inventors in that field, as I get to see things from both sides of the fence.

During prosecution, a patent attorney will edit the claims based on the description and provide written arguments about why the invention is new and clever. The prosecution process can also involve attending hearings at a patent office, where the attorney has to argue for the invention in person. I find it genuinely interesting to read technical documents in various fields and getting to understand them at a level where you can make arguments about them.

In addition to drafting and prosecution, patent attorneys sometimes also work with patent solicitors and barristers to ensure a patent has not been invalidated or infringed. They might also be involved in “freedom to operate” work, which involves checking if any existing patents would be infringed if a product were to get commercialized. Such tasks are particularly common if, like me, you work in a general law firm, rather than a patent-specific business. In-house patent attorneys at hi-tech companies may also be involved in licensing and managing their firm’s patent portfolio.

How do you get into the patent profession?

The vast majority of patent attorneys obtain a trainee role without having any patent-related qualifications, so it is worth applying for positions even if you do not have any qualifications in the area. However, if you want to train first, it is possible to do a Master of Laws (LLM) postgraduate degree in intellectual property law before you start.

Many patent attorney firms do have the equivalent of a graduate recruitment scheme, but they are usually smaller than similar programmes in other sectors and there are often only one or two trainees taken on per year. Some companies follow the typical graduate recruitment cycle, but it is not unusual for positions to start at any time of the year. Nevertheless, with interviews often being held in December or January, my advice is to get your application in before then if possible. And given that many firms do not have a fixed training cycle, positions may remain open longer or start dates may be more flexible than typical graduate schemes.

If you are interested in joining the profession, it makes sense to research a list of patent attorney firms on, for example, the IP Careers website. You can then apply either for particular openings or make a speculative application (unless a firm explicitly says it does not want people applying in that way). Many applications only require a CV and covering letter, but some ask for additional written work, such as a description of an everyday object, as part of the initial application.

If your application is successful, you will often be invited to an interview, although a few firms use assessment days. The interview will typically involve the standard job-related questions, but the employer may also ask you to give a presentation on some aspect of technology, such as your current research. In many cases, the interview will also involve another exercise that is more representative of the day-to-day work, such as describing an everyday object or figuring out how an invention works.

These question-and-answer exercises are designed to test how you think on your feet, so firms like to keep their interview questions secret and change them regularly. That said, as the questions are designed to test how you think, don’t panic if you don’t know the answer instantly. Just be prepared to work through them and see what you can do.

What training do you need to become a patent attorney?

Once you have a role as a trainee, most of the training occurs on the job. That’s because the exams you need to sit to qualify are designed to test your ability as a patent attorney. Most firms will also fund a set of external training courses and provide tutorials specifically geared towards the exams.

If you live and work in the UK, you will typically aim to become a UK patent attorney (which means you are a registered representative at the UK Intellectual Property Office) and a European patent attorney (which makes you a representative before the European Patent Office). Separate exams are required for each qualification.

To become a European patent attorney, you will sit an initial multiple-choice “pre-exam”, which you can take only after you’ve trained for at least two years. If you pass, you can sit the main exam, which consists of four “open-book” papers on different aspects of the job: patent law, drafting, amendment and opposition. Most trainees sit all four papers in one year, but this is not necessary to qualify. Traditionally, the exams were taken in person, but they moved online during the pandemic, which may be continued on a permanent basis.

To become a UK patent attorney, you’ll need to sit two sets of exams. The first, known as “foundation exams”, can be skipped if you’ve been on an accredited course (or obtained an accredited LLM in intellectual property). This is the route I took and many patent firms pay for their trainees to attend such courses. Some are part-time while others are almost full-time, meaning you essentially get three months off to study. Your firm should discuss this with you either before or after you have taken up a position.

The second set of UK exams, known as “finals”, consists of four papers, one each in patent law, drafting, amendment, and infringement and validity. You may be able to skip the drafting and amendment exams if you have passed the corresponding European papers, though whether you can do this will depend on your firm. Some don’t require you to sit drafting and amendment exams at all, while some firms say the drafting and amendment exams have to be sat at least once and some require you to resit until you pass. It is unusual to pass all exams first time so resits are not uncommon.

Once you have finally passed all the exams, you are a qualified patent attorney. However, on-the-job training never really stops – patent attorneys are always learning as that is the nature of the work. For me, I have really enjoyed my switch from academia to patent law, and I even get to work on patents related to quantum computing – the field I worked in. If you are considering making the switch and have any questions about life as a patent attorney, feel free to contact me and I will do my best to answer.