INTERVIEW

How did you learn about the Patent Attorney profession and what inspired you to become a (European) Patent Attorney?

I have not really learned about the patent attorney profession before I had to choose a minor subject in my chemistry masters. I have always been interested in different fields in addition to chemistry which is why I then chose patent law as my minor subject. The subject included a lecture with an experienced patent litigator together with law students, as well as a seminar held by a senior patent attorney who told us about the profession. He also made it possible for me to do a short internship with his firm and to get to know the patent attorneys working there. Once I learned about this profession, I found out that former chemistry graduates from my university also chose this profession and were happy to tell me about their experiences.

Most people know that Patent Attorneys help clients obtain a patent. However, what other tasks are you responsible for? 

My main task is indeed to help clients to obtain a patent. However, I also help clients in enforcing their rights against a competitor if they own a patent and advise them strategically on how their patents may be most valuable to their business.

If you had to split your role into science, law, and business, what is the proportion of each?

If I had to split my role, I would guess that it is 40% science, 50% law and 10% business. To help clients, I need first to understand their invention, as well as the general knowledge in the particular technical field, and then apply the law in order to be able to advise our clients of any options. Also, doing business including meeting clients is a part of my job. I am also being a part of our firm’s social media team and occasionally write and share posts about current developments in patent law.

What does the team structure at your workplace look like?

Our firm is divided into three technical departments (Chemistry and Biotechnology, Mechanics, E-Tech including IT) in which patent attorneys, patent attorney trainees and assistants take care of patent matters. We also have legal team with attorneys-at-law who are responsible for patent litigation and soft IP (such as trademarks and designs), as well as several supporting teams which are indispensable and responsible for formalities regarding national, European or foreign patents, paying fees, performing translations, etc.

What does your average workday look like?

This is a difficult question to answer: every day is somehow different. Usually, I will go into the office and first check my emails to see whether anything urgent came up that I should deal with during the day. Besides that, I usually plan beforehand which kind of files need my attention. Most of the time I work on several files during the day, write to clients and advise them, or prepare responses to the patent office. At the end of my workday, I often try to catch up on recent decisions of the European patent office or national courts which might give me some further insights on recent developments or read articles about specific topics in patent law.

What would a dream workday as a (European) Patent Attorney look like for you?

My dream workdays are those when I can solve cases that at first seemed a little tricky and which I was thinking about a lot. It is very encouraging to discover aspects that appear to unknot a case and may serve to address the major problems on the way to get a patent granted. If this can be done on a scientific level, i.e., by revealing the differences between the invention and what is already known from the prior art, and not solely based on legal issues, it is all the more satisfying. I also like sitting down with clients and discussing their particular situations regarding intellectual property a lot. Whether it's working out the best possible solution for a new patent, examining their patent portfolio (or the ones of competitors) or uncovering infringements of their own patents.

What is the most exciting aspect of being a (European) Patent Attorney for you?

I think the most exciting aspects of being a patent attorney are closely related to what makes a workday a dream workday. However, I often find it very exciting to have oral proceedings before the European Patent Office or one of the German courts. It usually involves a lot of preparation of the case, and I am allowed to really dive deep into the case. For me, oral proceedings are still very agitating since I need to present my arguments in front of people and I am still gathering experience in how to react to different situations that might come up.

Besides that, I also enjoy travelling and personally getting to know clients and foreign representatives and discuss joint cases together.

What are your least favourite tasks?

My less favorite tasks are definitely those which are not directly related to patent law such as solving IT problems or dealing with more formal issues that just arise in an office. Fortunately, we have very efficient back offices for such tasks and I do not need to engage with such issues frequently.

Does your job allow you to have time for your hobbies? Do you have any side projects related to patents?

My job usually allows me to have time for my hobbies. Until recently, I even played soccer five evenings a week and which I only cut back due to an injury.  Also,  since our daily work has become more flexible during Covid and the possibility of working from home or another place makes it generally possible to arrange your day around work.  Of course, there are certain times when it might get busy due to an urgent case and I have to organize my days accordingly. However, even in these cases, I try to take time for myself, as it helps me to free my mind and reorganize my thoughts in order to move on more focused.

If you could start your career over, would you change anything?

Personally, I would not make so much different than I have. I have spent a very challenging but amazing time in chemistry research and decided to make a career change. In the end, everything turned out fine and I am very happy with where I am right now at my current firm. Of course, this is something one can never know before but I think there are lots of opportunities and possibilities to amend your situation in case it might not fit properly.

If the Patent Attorney profession suddenly disappeared tomorrow, what else would you do?

That is a very difficult question. When I was young, I was considering to become a pastry chef (which might in the end not be so different from becoming a chemist with the exception that the results might be eatable). Yet, I think if the patent attorney profession were to disappear completely, there might be worse things to worry about in life. That is, I am not concerned about the future of my profession.

One thing I have been happy to notice over the last few years is how the experience I have gained in my job enables me to maintain a more calm attitude and clear thinking even in rather difficult situations. I am sure that this might be useful in many fields outside the patent profession.

What advice would you give someone that wants to become a European Patent Attorney?

I think it is important to love what you do and live in the moment. Firstly, it is important to like the technical subject you study before even considering going into patent law – as this is a prerequisite in most states to even be eligible for training to become a patent attorney. In addition, I would recommend doing a short internship at a patent law firm and tryout office life as it is very different from being in a chemistry lab or at university in general. Also, it is very beneficial to get information as regards the requirements to become a patent attorney: in Germany, the training takes a lot of time and studying – which some people might not be prepared for after studying and potentially doing a PhD. I still think that it was worth it and I am very happy being a patent attorney.

What do you think about the future outlook of our profession?

I think our work will change as technology and in particular artificial intelligence develops. In particular, many processes will be simplified or even automated. Ultimately, however, I do not believe that the complex processes of deliberation and reasoning involved in our daily work can be replaced by technological achievements soon. Despite the principles underlying the work of a patent attorney due to law and science, a certain degree of human creativity and overview might be necessary.