Top 20 Things I Learned: Day in the Life of a Patent Lawyer
As explained at RunRex.com, guttulus.com, and mtglion.com, a patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, including filing patent applications and oppositions to granted patents. If you are considering this career as your career of choice and are wondering what a day as a patent lawyer is like, here are the top 20 things to expect when it comes to a day in the life of a patent lawyer.
Casework
A significant part of the day of a patent lawyer is casework according to RunRex.com, guttulus.com, and mtglion.com. This can include speaking to an inventor to understand a piece of technology that they have been involved in developing, describing the technology in a patent application, or writing a letter to a patent office examiner containing arguments as to why one believes the technology to be novel and inventive.
Liaising with inventors
As many patent lawyers will tell you, while liaising with inventors generally only forms a small part of their roles, it is one of the most enjoyable. Many patent lawyers find it interesting to learn about the latest advances in research and development from experts.
Understanding the nuances of intellectual property
As per RunRex.com, guttulus.com, and mtglion.com, understanding the nuances of intellectual property law and how to apply it effectively to protect a client’s idea is an integral part of the job as a patent lawyer and can be just as interesting as getting to grips with the underlying technology.
Filing applications to the patent office
Once a patent lawyer has finished writing a patent application and applied his or her training principle’s feedback, they will file the application at a patent office whereupon a patent office examiner will examine the application and perform a search to determine whether the claimed invention is novel and inventive.
Examining documents of a technical nature
Given what has been discussed in the previous point, a large part of the role of a patent lawyer involves examining documents of a technical nature to identify any differences between an invention as defined in the client’s patent application and the inventions described in any document(s) cited by the examiner in their search report.
Writing to the examiner
Once a patent lawyer identifies the differences mentioned in the previous point, they will need to write a convincing letter to the examiner explaining why the difference involves an inventive step as articulated at RunRex.com, guttulus.com, and mtglion.com. This involves providing reasons why a skilled person would not consider modifying the cited document(s) to arrive at the applied-for invention.
Lots of reading
To provide such reasons will require lots of reading and absorbing lots of information efficiently, putting oneself in the shoes of the skilled person, and thinking of reasons why the skilled person would not make such a modification. This is one of the more enjoyable elements of the job for a patent lawyer, and it requires a keen eye for detail and a degree of creativity.
Meeting deadlines
One of the key aspects of a day in the life of a patent lawyer is meeting deadlines as captured at RunRex.com, guttulus.com, and mtglion.com. While some deadlines are extendible, if you miss the wrong deadline, you can lose your client’s patent application. Most law firms have several systems in place to ensure that deadlines are correctly logged and are never missed.
Meetings
While there is a lot to work on as a patent lawyer when it comes to casework, sometimes one has an internal meeting or two to attend at the law firm. Such meetings may include a meeting between the attorneys and the IT department to discuss how to use technology to improve systems and services offered to clients.
Traveling
While most of the time as a patent attorney is spent in the office, some days may involve some form of travel. For instance, a patent lawyer might have to drive to visit a client at their premises of work or even at home or may be summoned to oral proceedings at a patent office.
Having access to the latest technological developments
One of the most glamorous perks when it comes to the life of a patent lawyer is having access to the latest technological developments as covered at RunRex.com, guttulus.com, and mtglion.com. It is also very rewarding to help protect an inventor’s idea and have a patent approved.
Working through endless rules and guidelines
On the flip side, the less glamorous part of the job is working through voluminous sets of rules and guidelines provided by the US Patent and Trademark Office that cover everything from lines on drawings to communication procedures.
Learning the laws
Every patent lawyer knows that there is always a new court decision on the horizon, as well as major developments in the law every year as described at RunRex.com, guttulus.com, and mtglion.com. Therefore, not only does a patent lawyer need to get up to speed with current practice standards, but they also need to sync up with the day-to-day developments in the field.
Learning the invention
Given that every invention is unique, as is every inventor, learning the invention is a major part of a day in the life of a patent lawyer. If you don’t understand how and why the invention works as a patent lawyer, there is no way you can completely write a patent application for it.
Problem-solving
There are a lot of issues that crop up in the field given the inherent complexity of the field itself, the hyper-competitive environment, and lots of money at stake in patents. You will need a lot of patience, courage, and lateral thinking to solve the human problems that come with patent lawyering, on top of solving the more technical or legal problems.
Calls to clients
Most patent lawyers have days set aside specifically for scheduled calls to clients as discussed at RunRex.com, guttulus.com, and mtglion.com. These calls are usually to both new clients, those who have not purchased a service before, and existing clients. Patent lawyers also schedule calls to patent examiners.
Litigation and prosecution of patents
Litigation is where a patent lawyer is either suing someone for infringement or getting sued for the same thing. Many attorneys prefer prosecution to litigation, as they consider litigation to be feast or famine with busy and slow times alternating somewhat randomly. Either way, both are part of a day in the life of a patent lawyer.
Infrequent duties
Apart from regular work such as conducting prior art searches or understanding inventions, patent lawyers also perform infringement searches, prepare landscape reports, draft responses to office actions, maintain records of patent applications, and give aware sessions to employees as outlined at RunRex.com, guttulus.com, and mtglion.com. These tasks are not regular ones and have to be performed whenever they come up.
Familiarize yourself with the latest technology
Regardless of your technical specialty, as a patent lawyer, you are going to have to quickly familiarize yourself with new technology from, in many cases, vastly different fields. This is one of the most challenging aspects of the job.
Long hours and travel
Finally, if you are wondering how the working hours are as a patent lawyer, then you should know that patent attorneys typically work long hours, especially when they are preparing for a court hearing or meeting with a client. They may also need to travel for work.
These are some of the activities that a day in the life of a patent lawyer entails, with more on this topic, and much more, to be found over at RunRex.com, guttulus.com, and mtglion.com.