This page will provide you with some helpful information embarking on a career as a patent attorney, including the necessary qualifications and entry requirements, essential skills you will need and some of the typical responsibilities.
To enter the profession, a degree in a science, engineering, technology or a mathematics-based subject from a recognised institution is strongly preferred, not least as without one, your ability to fully qualify will take longer. A science/engineering background is required to enable you to understand a client’s invention. This mix between science/engineering and law is one of the aspects that make the role of the patent attorney such an interesting career.
No, a Master’s degree is not required to become a patent attorney. However, some employers may look for this in some scientific disciplines, as your first contribution to the firm will be in understanding the latest technological developments.
A patent attorney is a legal professional whose core skill is in understanding inventions and obtaining patent protection for those inventions.
Patent attorneys first understand the client’s technological development. To understand the context for that development, they may need to undertake research as to what others have done.
Next, they need to understand the legal framework which will protect that technological development by a patent. The patent attorney will write the patent application and, in particular, the monopoly statements or claims at the end of the application. This means acquiring knowledge of the law, guidelines and case law.
As patents are territorial, but business is international, patent attorneys help their clients obtain protection around the world and need a working knowledge of the patent laws of key jurisdictions. Knowledge of other languages can then be an asset when helping clients.
As with all professions, there are particular words, acronyms and language use which needs to be acquired as part of becoming a patent attorney. However, good your English as you start in this profession, you will need to acquire the way in which patent attorneys use the language.
As a patent is a right to stop someone else from doing something, it is important to understand the commercial context in which the client is seeking this protection. That means that it is also important to understand how the client will implement the invention in practice and make money out of it, and how competitors might seek to take advantage of the development.
Patent attorneys work in a unique space combining law, commercial business, science, and technology. It is a varied and intellectually stimulating role, as patent attorneys have work creatively to utilise their scientific and technical knowledge, analytical reasoning, and problem-solving skills, while using the language correctly to express these ideas and to argue with patent offices as to why a patent should be granted.
The role of a patent attorney includes assisting inventors and companies in applying for protection for patents or deciding if the information would be better kept as a trade secret, . If a competitor takes advantage of this client’s patents, then the patent attorney may also be asked to help the client enforce those rights. Patent attorneys are responsible for offering strategic advice on how and when to protect their inventions. Additionally, patent attorneys advise clients on the client’s freedom to operate in their technical field, in the light of patent rights owned by others and assessing the risk of the client infringing those third-party patent rights. If a client is involved in court litigation, the patent attorney could also be involved in assisting behind the scenes or in conducting the litigation. Upon qualifying as UK patent attorney, there is an additional course and assessment in litigation skills, which assessment must be passed.
Patent attorneys will need an awareness of design, trade mark, and copyright law, as well as the law of confidence. They need an understanding of how intellectual property works in a business environment, particularly regarding licensing (giving another company permission to use the patented invention in exchange for a fee) and transfer to patents to another business.
Most UK patent attorneys also qualify as European Patent Attorneys (EPA). This allows them to represent clients before the European Patent Office (EPO), an international organisation covering 34 countries, including the UK. Many patents covering the UK are granted by the EPO, rather than the UK Intellectual Property Office. Although based in Germany and the Netherlands, this is not an EU organisation.
Although no longer in the EU, as an EPA, UK patent attorneys can gain a further qualification to become a representative at the EU’s Unified Patent Court by completing a European Patent Litigation Certificate at several institutions, including Maastricht University, University of Strasbourg or University Politecnico di Milano.
“Patent attorney” is a protected title in the UK, which means that a trainee can only call themselves a patent attorney once they are fully qualified and are on the Patent Register maintained by the Intellectual Property Regulation Board (IPReg). A patent attorney can become “Chartered” by becoming a Fellow of CIPA, which indicates they are fully qualified, actively continuing professional development of skills and knowledge, and are held to the code of conduct set by the Institute, in addition to that set by IPReg.
Currently, the most important entry requirement for patent attorneys is a degree in a science, technology, engineering, or mathematics (STEM) subject, typically a 2:1 or above, from a recognised higher education institution.
A postgraduate degree is not required as patent attorneys often do not focus on one specific subject matter, unless they are working in-house, i.e. in industry. For most patent attorneys, the technology will vary depending on the client’s field of operation, so specialising too much in one field may not be necessary.
It is possible to get work experience, and some firms do offer internship programmes; however, opportunities are rare due to the confidential nature of patent attorney work. Work experience where communication skills, reasoning, attention to detail, and analytical skills are developed can be beneficial, as these are the key skills patent firms look for. In this line of work, academic excellence and curiosity is prioritised over work experience.
There are additional intellectual property courses that are offered by higher education institutions in the UK which, whilst are not accredited by IPReg, will offer a basic understanding of intellectual property and its application in law. Courses offered by a number of universities can be found on the Careers in Ideas Universities Database.
The work of a patent attorney is incredibly varied, and the day-to-day work will differ depending on experience, clients, type of employment, stage of career and many other factors. However, all patent attorneys will be expected to be capable of the following tasks:
As well as the tasks listed above, patent attorneys will also be expected to keep up to date with legal developments in the intellectual property world, advise on trade mark and design rights, and tutor and mentor new trainees.
All patent attorney training occurs on the job, with trainees expected to work under the supervision of a qualified patent attorney and to sit examinations set by the Patent Examination Board (PEB) to become a UK Patent Attorney, and the EPO to become a European Patent Attorney. Training will take a minimum of two years, although for most candidates it can take between four and six years.
UK Patent Attorney Qualification
To qualify as a UK patent attorney, the candidate must complete two-years full-time practice in intellectual property under the supervision of a UK or European patent attorney, or four-years unsupervised time practising intellectual property law.
Trainees must complete an IPReg-accredited foundation course. There is a choice for trainees to complete either the PEB Foundation Certificate or a Postgraduate certificate in an intellectual property course offered by Queen Mary University of London (QM-UL), Bournemouth University or Brunel University London. For a full list of IPReg-accredited course, please see their Qualifying Courses and Examinations page.
The formal postgraduate courses offer an overview of UK and European intellectual property law and its structures, an explanation of intellectual property rights and the theory underpinning them the full course content and structure will differ depending on the institution.
On of these formal courses is usually taken by trainees once they are in employment and is aimed specifically at those specialising in intellectual property law.
Regardless of which foundation method is chosen, all trainees will have to complete the four examinations in the PEB Final Diploma; FD1, FD2, FD3 and FD4. These examinations will test knowledge on intellectual property law, skills in drafting and amending patent applications, the ability to assess a patent’s validity, and issues surrounding infringement and the skills of being able to advise clients.
Within 3 years of qualifying as a UK patent attorney, each attorney must complete a Litigation skills course and pass the examination. This then adds rights to litigate in the Intellectual Property Enterprise Court and take appeals from the UK IPO to the courts.
European Patent Attorney
To qualify as a European patent attorney, the candidate must complete the European Qualifying Exams set by the EPO. These examinations consist of five papers, each of which can only be taken after a certain period of training.
From January 2025, the new examinations are made up of Paper F which can be taken after one-year supervised work, Papers M1 and M2 which can be taken after two-years, and Papers M3 and M4 which can be taken after three-years.
Advanced Litigation Qualifications
In addition to the UK and European qualifying examinations, candidates who want to conduct litigation in the higher courts can complete an IPReg-approved Higher Litigation Skills Course or Higher Advocacy Skills Course to become Patent Attorney Litigators and Patent Attorney Advocates.
Once qualified, patent attorneys are expected to maintain their professional development and demonstrate a commitment to ongoing learning by undertaking Continued Professional Competence (CPC).
CPC is completed by performing reflective practices, where patent attorneys must reflect on the previous year’s training, learning, and development needs to maintain a high standard of work. This is followed by looking forward and planning any learning and development tasks that are identified. The last step is to reflect on this learning and evaluate the effectiveness of the activities.
All activities that contribute towards CPC should be recorded. While each attorney will make an annual declaration that they have undertaken the necessary CPD, IPReg may request to see the record of assessments that have been undertaken, including any reflections and plans.
Activities that count toward CPC include attending webinars and seminars, soft-skills training sessions, ongoing learning in one’s technical field, teaching, examining, and tutoring, and reading and contributing to journals and online materials.
CIPA and IPReg play a significant role in the continuing education process, as both organisations host webinars and seminars on law and practice changes, publish detailed explanations of specialist subjects, and provide overviews of law and practice in other jurisdictions.
More information on types of employers and careers prospects can be found on Types of employers and career prospects.
Technical assistant / graduate trainee vacancies are sometimes advertised on CIPA jobs board.
Further information on intellectual property careers can be found on the Careers in Ideas website.
A Google search for trainee patent attorney jobs brings up more graduate vacancies.