Patent Attorney Career Facts
Patent attorneys work in the most highly volatile area of law
in the world. Patents and related properties are very big business, and
patent holders make great efforts to protect their intellectual
property from piracy and infringement.
The work environment
Patent
attorneys often act as representatives contesting lawsuits, but a major
part of their work is in an advisory capacity. Taking out a patent
involves an application process, and possible challenges to granting of
patents.
Patents are granted to unique, innovative designs.
Patent holders are given the legal status of exclusive ownership and
control of the patent. To be granted, a patent application must be:
- A unique new product or design, not infringing other patents.
- A design or product which incorporates innovation and invention.
- A design in which any challenges related to granting of the patent have been dismissed.
The patent application process: The patent attorney's
advisory role is particularly important in the initial application.
This is a formal process, conducted under national and international
laws. Even the wording of a patent application can be an issue in this
highly litigious area of intellectual property.
Descriptions
of patents at the application stage must be good definitions of the
patent's design and concept. The description must be comprehensive,
including all facets of its design and function. If it doesn't, the
validity of the patent may be questioned in areas omitted from the
description.
This can be a truly demanding process for the
patent attorney. Patent law is based on principles of ownership of
intellectual property, which are well defined. But dealing with the
unique properties of a new patent contains some potential traps. New
patents, also by definition, contain whole new aspects of design,
functions and often new technology. Clear expression of new concepts
may involve intensive effort to ensure that the patent application
accurately reflects all elements contained in the design.
Patent disputes
This
is an adversarial legal process, often involving difficult, prolonged
types of cases, with appeals possible up to superior courts. Patent
attorneys, acting either for patent owners or parties challenging
patent owners, must present their cases to a court, arguing in favor of
their clients. Some of these cases regularly involve patents worth
billions of dollars, and last for years.
This process involves:
- Legal principles of patent ownership
- Proof of infringement of patents, where charged
- Proof of non-infringement of patents, based on either public domain
arguments or ownership of valid intellectual property which proves a
legal right to use elements of patents. (Public domain is an area of
intellectual property whereby a product or process is held to be not
subject to intellectual property ownership, like radio waves for cell
phones.)
- Issues of injury and/or material loss to patent holders
- Settlements, in which cases a patent attorney acts as a negotiator for clients
The career environment
Patent attorneys operate in a
rapidly expanding area of commercial law. The very high dollar values
of patents have made the role of a patent attorney a high profile legal
career option. Patent attorneys achieve career progression through
professional achievement, and are often sought for their specialization
in particular areas of patent law.
