IP Patent News

Patent attorneys are lawyers who specialize in obtaining patents for individual inventors and companies who are applying for a patent on an invention, trade mark, concept, or other item that falls under the general heading of intellectual property. As applying for a patent can be a lengthy and expensive process, an experienced patent attorney may be helpful in shortening the patent process due to experience in working with the governmental and other agencies who are involved in granting the final patent, including scientific testing laboratories and institutes.

For those applying for patents in the U.K., for example, qualified patent attorneys belong to a professional organization known as the Chartered Institute of Patent Attorneys (CIPA). This institute, founded in 1882, includes nearly all of the more than 1,730 professional patent attorneys who offer their services in the U.K. as well as in Ireland and in Europe.

Patent attorneys keep themselves updated on all matters of patent law and procedure, such as filing an opposition in the event the patent application is contested by other applications or is denied the applicant for some reason. U.K. patent attorneys must also pass certain examinations known as JEB foundation and advanced level papers, which include P1 – Patent Law and Procedures, P5 – Overseas Patent Law, D&C – Designs & Copyright, Law – Basic English Law, T1 – Basic UK Trademarks and T5 – Overseas Trademarks.

In the USA, patent attorneys must be licensed to represent clients before the Patent Office, which is a part of the United States Patent and Trademark Office (USPTO). U.S. patent attorneys, as well as patent agents, are required to also hold a technical degree in chemistry, engineering or physics, and must pass the U.S. Patent Office Bar Examination. Patent attorneys must also pass a special examination issued by the USPTO (also known as the “Patent Bar”) which tests the attorney’s knowledge of patent law and USPTO policies and procedures. There are three categories of qualification which largely depend on the candidate’s background in biology, chemistry or physical science. What area the patent attorney will specialize in will depend in his or hers’ scientific background. For example a patent attorney with a degree in Biology or Chemistry is more suited for dealing with patents for medical or pharmaceutical products, whereas one with a Physics or Engineering degree is more qualified to deal with patents of mechanical or similar nature.

European patent lawyers must take a special examination known as the European Qualifying Examination which is given over three days, as well as having the required scientific background. In addition, a patent attorney candidate is required to practice national and European patent law under supervision in the attorney’s country of residence.

Source: Wikipedia, www.CIPA.org.uk