To become a patent attorney, you will be required to achieve the relevant professional qualifications and training and complete a number of exams as part of a wider work-based training programme. The rewards for becoming professionally qualified are manifold.

The patent attorney profession is a graduate profession. As a graduate trainee, you complete a minimum specified period of training in a firm, and during that time take professional qualifications. Once your training and qualifications are successfully completed, you may apply to become a registered patent attorney. The UK register is held by the UK Intellectual Property Regulation Board (IPReg); the European register by the European Patent Office (EPO).

Most UK firms require their trainees to qualify to be registered in both the UK and Europe since representing clients before the EPO requires the European Patent Attorney qualification. It is usual for a person entering the profession to take four or five years to dual-qualify.

There are multiple routes to gaining the professional qualifications. You can see a diagram that provides an overview of what these are here.

Prerequisite qualifications

The UK regulations require that you need to be a degree holder in order to be considered as a registered patent attorney. In order to take the European Qualifying Examinations (EQE) to qualify as a European Patent Attorney you must hold a science, technology, engineering or mathematics (STEM) degree. In reality, potential UK employers need you to hold a degree in a STEM subject.

Professional qualifications

There are two sets of qualifications to be undertaken. The diagram mentioned previously, shows the qualifications which must be obtained in order to qualify and gives a broad indication of the time it will take.

UK qualifications

There are two sets of qualifications to be undertaken. The diagram mentioned previously, shows the qualifications which must be obtained in order to qualify and gives a broad indication of the time it will take.

Foundation level

IPReg accredits several examination agencies to provide Foundation qualifications. There is an examination only route provided by the Patent Examination Board (PEB) as well as in person or distance learning University courses. These courses are listed in the IPReg regulation Rules for the Examination and Admission of Individuals to the Registers of Patent and Trade Mark Attorneys 2011, which can be found at: www.ipreg.org.uk. Your employer will most likely have a preferred route that they will support you in undertaking.

Foundation level

IPReg accredits several examination agencies to provide Foundation qualifications. There is an examination only route provided by the Patent Examination Board (PEB) as well as in person or distance learning University courses. These courses are listed in the IPReg regulation Rules for the Examination and Admission of Individuals to the Registers of Patent and Trade Mark Attorneys 2011, which can be found at: www.ipreg.org.uk. Your employer will most likely have a preferred route that they will support you in undertaking.

Final level

There are four Final examinations: FD1, FD2, FD3 and FD4. These papers test knowledge of relevant intellectual property laws, the ability to draft and amend patent applications, and the ability to assess the validity of a patent and the infringement risks it presents.

European qualifications

Full details can be found on the EQE website.

Paper F

This foundation examination can be taken a minimum of one year after the beginning of your period of training.

Other modular papers

The EQE examinations have been recently redesigned to ensure the qualification reflects today’s European patent profession. The EPO has adopted a modular approach to examinations, with most candidates opting to take papers M1 and M2 a year after passing Paper F, and papers M3 and M4 two years after passing Paper F. These examinations test the drafting and amendment of European patent applications, the preparation of a formal opposition to a European patent, and the relevant laws and procedures.

Support for studying

In-house training

Most employing firms offer a formal or an informal training programme that develops both the skills you need to work with clients as a patent attorney, and the knowledge and skills required to successfully complete both the UK and European professional qualifications.

Informals

The Informals provide a range of support for the trainee. You can read more about this in the Informals article here.

Study guides and publications

CIPA publishes a number of books to help students with training and examinations. These include general training manuals as well as specific guides for most of the Final examinations. Full details can be found on the CIPA website.

EQE

The EPO offers a range of online materials to help you prepare for the examinations. Further details can be found on the EQE website.

Private training providers

There are a number of private training providers that provide examination revision courses for both the UK and European examinations. The largest being JDD Consultants.

Continuing professional competence

As the career of a patent attorney progresses, there are additional ways to develop further, such as the development of specific areas of expertise appropriate to the practice, the maintenance of a current knowledge base in the face of changing law and the adoption of other skills. Each attorney’s continuing professional competence requirements will look different, based on reflective practice to identify individual learning needs.

IPReg and CIPA have a vital part to play in this continuing professional competence. The Institute arranges a large number of seminars and webinars across the year and throughout the country. These seminars address many topics, from recent law and practice changes in the UK to a detailed examination of specialist subjects and an overview of law and practice in other jurisdictions.

Such seminars also cover subjects relevant to the business side of the practice of many UK patent attorneys, aiming to provide knowledge and guidance in dealing with issues that are likely to arise in practice management.

CIPA also provides information to its members by way of monthly newsletter as well as other updates, both on its website and in the CIPA Journal. This information enables members to keep up to date with developments in the UK and across the world.