David, Senior Associate at Marks & Clerk, shares their experience since joining the firm.
Entry into the profession is highly competitive, the qualification process is long and difficult, the training is lifelong, and the role is challenging, but it is well worth it for an interesting and varied career with clear paths to progression.
Why did you choose a career in the profession?
While studying for my undergraduate degree (integrated Master’s degree in Chemistry, MChem) at Durham University, many of my friends and contemporaries had their minds fixed on careers in law, finance, business management or government. While these all seemed like fantastic and rewarding careers, there was one thought holding me back from applying for the typical internships and graduate schemes: wouldn’t it be a shame to walk away from the science degree that I enjoyed and worked so hard for and do something else entirely?
In a chance encounter in the lab, I learned about the patent attorney profession from a friend who was also considering entering the profession. From that conversation and subsequent research, I learned the following:
- It is a technology-focussed profession with an emphasis on advising innovators,
- On the job legal training with extensive support is provided,
- Strong communication skills are essential,
- Foreign language skills are helpful, encouraged and supported, but not essential,
- Competitive salary and comprehensive benefits package are standard,
- There are excellent opportunities for career advancement with clear paths to progression,
- It is very competitive to secure a training position, and
- Years of difficult training and exams are standard.
Keen for a challenge, blasé about a few more exams after university, and liking everything else that I heard, I threw myself into the application process and was able to secure a position after graduation.
What is a ‘typical’ day for you?
It will be no surprise that a typical day mostly involves being hunched over a desk in front of a computer, with not a small amount of email traffic management. While this is a drawback, I think that it would be a struggle to avoid this in most professional services roles these days. However, if you want a job in the great outdoors or to be jetting off to conferences and board rooms in far-flung places every other week, this is probably not the career for you.
Besides that, my days are fairly varied. I start the day by reviewing my reminders and any emails received overnight. The role is very deadline-driven, and attorneys are typically helped to manage their deadlines by a dedicated records assistant or team who generate reminders. I then assess what needs to be done, what can be delegated, and prioritise accordingly.
Once I know what my day has in store, I get to it. There are many discrete tasks that I might have to do, such as drafting and filing new patent applications, prosecuting existing patent applications, advising on infringement and validity of patents, and attacking and defending granted patents. While each are distinct tasks that arise at different times in the life cycle of a patent, they each involve the following skills:
- Interviewing clients and inventors,
- Drafting technical documents,
- Analysing technical documents, i.e. about existing technology (“prior art”), about inventions, and information about client and competitor products and services (“products and infringements”),
- Comparing inventions to the prior art and to products and infringements,
- Advising clients and inventors about the scope and validity of their and competitors’ patents, and
- Legal advocacy – written and spoken.
In short, my day is mostly taken up with analysing and writing technical and legal documents and regular client meetings to take instructions from them and update them. There are occasional hearings at the patent office, which may require travel to Cardiff or Munich, though these are increasingly conducted by videoconference. I am also quite involved with the training our new trainee patent attorneys, so I am regularly preparing and delivering lectures, seminars and tutorials by videoconference or in person in one of our 8 offices across the UK.
On top of that, there are also all of the responsibilities that come with working in most professional services roles: time recordal, budget management, billing, supervising and reviewing the work of others, and business development.
Do you have any advice for anyone wanting to get into the industry?
My key pieces of advice would be:
1. Entry into the profession is typically very competitive, but very achievable for a candidate with a strong background in academia or industry and proven communication skills. Some experience of intellectual property can be helpful, whether this is through your exposure to patents during research, work experience with a patent attorney, or studying through a formal course or self-study.
2. Apply widely, focus your CV on relevant academic and industrial experience, and adapt your application to your target employer and role with a well-written cover letter. If you are unsuccessful, seek feedback. In a competitive environment, a bit of bad luck can be all that it takes to deny you success – perhaps you had a bad day at interview or were pipped to second place by an ever so slightly better candidate.
3. Prepare for a long slog. The exams are difficult and demanding and the process takes a minimum of 3 ½ years minimum to secure dual qualification as a Chartered (UK) and European Patent Attorney.
4. If I haven’t managed to put you off the profession yet, go for it. The interesting and varied nature of the work is well worth the hard work!
Interested in learning more about Marks & Clerk's opportunities? Check out their profile here.