About the European Patent Attorney profession

INTERVIEW

Ignacio Lobato

Country: Germany

Company size: 20-50*

(* size of the in-house IP team)

Experience: 0-5 years

Type of work: In-house

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

I learnt about the profession from my parents; my father works as an IP litigator and my mother as legal advisor at the Spanish Patent and TM Office. After my mechanical engineering studies in Zurich, I worked for some years as an engineer for a big German bearing manufacturer. This company is one of the leading ones in terms of patent filings at the DPMA, so they have a big patent department. There was an open position, and I knew some of the colleagues working there, so that is why I decided to switch jobs and become a European Patent Attorney.

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

As an inhouse IP-counsel, I handle several patent portfolios for very specific technology fields. For this task I closely support and advice inventors, primarily to identify which ideas have potential to become patent applications. These discussions are very fruitful, as it is important to understand the inventions for correctly drafting patent applications. I also collaborate in the prosecution of the patents in my area with the in-house team and with external counsels. Every now and then I participate in examination, opposition and appeal proceedings at the European Patent Office.

Other aspects of my work include FTOs, monitoring competitors patents, giving IP presentations to R&D departments and working with the legal department for contract drafts and licenses.

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

I would say about 50% science, 20% law and 30% business.

What does the team structure at your workplace look like?

In my team we have many Patent Attorneys, as well as paralegals, working in different countries. However, most of the time I have meetings with inventors (who also sit in different countries) to support the project development and to discuss new inventions. Thus, I would say my real team are the inventors of the business units within my competence.

What does your average workday look like?

Each day is different, that is one of the things I like most of my job. Sometimes I am deeply involved in an opposition and another day I am discussing an amazing project with the technical experts developing it. I am always busy and never bored!

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

I would love to have more face-to-face interaction with the engineers I meet regularly via Teams, but it is difficult because most of them sit in Spain, Denmark or in different locations in Germany. But apart from that there is not much I would change, as I love my daily work.

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

Opposition and appeal proceedings are the most exciting aspect for me. In these proceedings, you implement the law aspects learned during the training combined with the technology you supervise in your daily work. You have to be well-prepared and think fast, reacting to the arguments of the other party and of the patent office, but if you keep up to date with the legal aspects of the profession and you have a good understanding of the technology in dispute, it becomes very exciting to defend your patent or attack a third-party patent.

What are your least favourite tasks?

Some inventors I work with are not very cooperative, because they usually do not have the time to check third-party patents or evaluate the patent portfolio of the company. I try to raise awareness of the importance of IP through presentations, but sometimes it takes a lot of time and e-mails to get to some technical experts.

Does your job allow you to have time for your hobbies?

Of course! I usually start early in the morning with my work and finish around 5pm, so I have time for my hobbies. In my free time, I am BodyPump, Core and Strength Development trainer and I give courses regularly at a local gym.

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

I would not. I studied engineering, which I loved and also worked as an engineer, which helped me understand how the engineering teams work and how the company is structured. Switching to the patent department was a big change, but it was the right decision.

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

I would probably go back to engineering. With my IP knowledge and technological background, I could contribute a lot in the development of new technologies and draft many invention disclosures.

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

The preparation for the EQE is tough. It is like doing a doctorate or training for a marathon. You have to take it step by step and be consistent in the learning. Some complete it in three years, for others it takes seven years to pass all exams. This should be understood before changing the career path from an engineering career to the patent department or to a law firm. But passing the exams is a huge achievement and the gratification you get from passing them is also huge. And worth it.

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

The patent profession is under constant updates. The law changes each year. The EQE changed from writing by hand in big halls at different locations across Europe to a sit-at-home EQE and it will further change to a modular EQE. I even know a law firm which develops a software which writes the patent drafts automatically and they are very good. AI could help us in the drafting and searching of patents, that is right. But due to the vague formulation of claims and the room for interpretation, AI will never replace the work of an actual Patent Attorney.