The traits of a great patent attorney Patent attorneys need to be able to analyze complex data and come up with intelligent conclusions under pressure and quickly, while also meeting deadlines. When selecting an attorney, take into consideration their experience as examiners in law firms and universities as a key indicator. Examiners are often well-versed in both sides of a debate.
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Patent attorneys must possess the ability to search, understand and interpret patents as well as how best to apply this knowledge to an invention. The more your attorney understands about prior art, they are more likely to write claims that won't be rejected by USPTO for being too broad.
Understanding the patents of your competitors will make your attorney more efficient. A deeper knowledge will also allow them to protect your intellectual property more efficiently.
A good patent lawyer takes pride in fully explaining every aspect of the patenting to their clients. This is especially true if they are confused or find certain aspects unfamiliar.
As part of your interview process, select an attorney who is comfortable discussing their background and experience in patent prosecution. Preferably, someone with a background in science or engineering who has passed the patent bar and obtained their USPTO registration. Ask them how they work with clients and what their process is for handling patent prosecution cases.
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A Patent Attorney who is exceptional must be able to communicate ideas and concepts in a clear and concise manner. They understand their client's business operations, translating client needs into an efficient patent strategy which yields maximum return for investment.
Professional patent agents excel at communicating with the USPTO. They know which forms of rejections are common and how to tackle them, having worked alongside drafting technicians who create patent drawings - they have experience explaining these drawings succinctly and concisely.
Patent attorneys must work quickly to meet deadlines, prioritise cases and maintain quality. This fast-paced environment requires people who are able to manage stress and think critically under pressure in order to reach logical, well reasoned conclusions. This career path is not for you if you find it tedious or daunting.
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As a patent attorney, you're expected to prioritize your caseload and efficiently utilize your time. Failing this may result in subpar work being delivered.
Your firm needs to know that you can effectively collaborate with clients, paralegals and attorneys on project work; your firm wants assurances that all members of its team can communicate efficiently.
At the same time, you may interact with business people and inventors in order to understand their innovations and the patent application process. It may be your job to guide them through the process, so it is important that they understand it all.
Technical knowledge includes everything from understanding new inventions to researching existing patents. (This may prevent you from submitting certain claims.) Law firms often look for attorneys who have prior examiner experience, as these negotiators are able to anticipate the reactions of both parties and draft applications that comply with USPTO expectations.
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It can be a complex and time-consuming process to draft a patent application. A great Patent Attorney will be able work quickly, accurately, and efficiently while managing their workload.
A quality Patent Attorney will work closely with their clients to understand the technology and then draft a patent that protects this intellectual property as fully possible. They should be able to communicate effectively with scientists and attorneys.
Patent Lawyers generally need at least a year of full-time mentoring and three to four top rated patent attorneys years of experience to become proficient at patent prosecution. Candidates with advanced science or engineering credentials, such as a master's or Ph.D. degree, will make more attractive candidates for law firms.
It can be difficult and time-consuming to write an application. This makes the ability of your attorney to create a precise and clear description of the invention even more important in high-tech fields, such as biomedical or software-implemented technology, where it is critical for success that the invention be distinguished from previous technologies.
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Patent attorneys with superior communication, technical and legal skills know that patenting is confusing for clients. Being able to put themselves in their clients' shoes and explain everything thoroughly is essential.
A skilled patent attorney will help their clients create pragmatic patent strategies that offer maximum value for their inventions. This includes identifying patentable features of an invention, conducting a search for patentability prior to filing a patent application in order to anticipate rejection grounds that may be raised by USPTO Examiners and crafting claims that extend the protection of their invention while distinguishing it from similar technologies that are already present in the prior art.
A patent attorney who is exceptional should also have a thorough understanding of international law, as many patent applications are filed in multiple countries. To become a successful patent attorney, you must work closely with foreign patent lawyers. Most firms will only hire candidates who have high GPAs or are in the top 10% of class.