Patent Attorney  

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I am Rolf Claessen, Partner with Michalski · Hüttermann & Partner, and in this video I explain what a patent attorney is. I explain
- How to become a patent attorney, and
- What a patent attorney does
At least in Germany, a patent attorney is specialized in the fields of patents, trademark and designs. In fact, at least in Germany, a patent attorney is not even allowed to practice in other fields of law. This may be different in other countries though. As an example: patent attorneys in the US have a full law degree and can - in theory - even practice family law or personal injury law. In the following I give you an overview of the situation in Germany:
While an attorney at law completes a full law degree, a patent attorney first has to complete at least a Masters degree in engineering or physical sciences such as physics, biology or chemistry. This is to ensure that the patent attorney can really understand the inventions on a very deep level. The better the patent attorney understands the invention, the better he can draft a solid patent application. I am a chemist and a materials scientist by training. So I can understand inventions involving hair shampoos or ceramic materials. However, if you have invented a new motor type, you better go to my patent attorney Thomas Buchenau, who has a degree in mechanical engineering.
In Germany, with a full degree in engineering or physical sciences, you can complete a formal training with a licensed patent attorney for about 2 - 3 years. During that training period, the patent attorney who is your training supervisor will show you all the things you have to know in your daily practice of prosecution and litigation of patents trademarks and designs, license agreements or employees inventions, which is a special type of legal field in Germany.
In parallel to the training, the trainee patent attorney needs to take courses in law school for 2 years. These courses are tailored to the needs of patent attorneys with fields like contract law or unfair competition law. I did not learn much about criminal law or constitutional law.
After the university courses and the formal training, trainee patent attorneys are expected to work at the German Patent and Trademark Office and the Federal Patent Court for 10 months for free assisting examiners and judges. This period is perfect to learn more about the decision making on the other side of the bench. During this time, trainee patent attorneys also write mock exams and visit additional courses and lectures given by judges and employees of the German Patent and Trademark Office.
After the exams, the patent attorney has to fulfil some formal requirements such as professional liability insurance and can then register as a patent attorney.
In addition to becoming a nationally registered patent attorney, in Europe it is very important to become a European Patent Attorney as well. The yearly exam has a pass rate of about only 30% and candidates may repeat this exam as often as they want on a yearly basis. However, just from a statistical point of view, chances are decreasing with each time you take the exam.
If you are looking for a patent attorney, make sure that the patent attorney has a technical background in the field of your invention. Because of their specialization in a particular technical field, patent litigation in Germany typically has a team of one attorney at law and one patent attorney on each side. The patent attorney will be able to complement the patent litigator with his technical understanding of the invention.
I have a question for you: why did you watch this particular video? Are you looking for a patent attorney? Do you want to become a patent attorney? Please let me know in the comments.
Contact Rolf at
Dr. Rolf Claessen
Michalski · Hüttermann & Partner
Speditionstraße 21
D-40221 Düsseldorf
Germany
Telephone: +49 211 159 249 0
Facsimile: +49 211 159 249 20
Email claessen@mhpatent.de
www.rolfclaesse...
Legalese and Disclaimer
You have been watching a video by Rolf Claessen. The views expressed by the participants of this program are their own and do not represent the views of nor are they endorsed by their respective law firms. None of the content should be considered legal advice. This video should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents of this video are intended for general informational purposes only and you are urged to consult your own patent attorney on any specific legal questions. As always, consult a patent attorney.