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1 How to Become a Patent Attorney In particular German Patent Attorney European Patent Attorney Samson & Partner

2 How to Become a Patent Attorney I. Patent Office vs. Patent Attorney II. Patent Attorney Education III. Example of a patent applicant 2

3 How to Become a Patent Attorney I. Patent Office vs. Patent Attorney 3

4 Patent Offices European Patent Office (EPO) Headquarters Munich wholly self financing 3600 Patent Examiners 4

5 Patent Offices German Patent and Trademark Office (GPTO) Headquarters Munich 700 Patent Examiners 400 Trademark Examiners 5

6 Examiners Work in Patent Office Main tasks of a patent examiner examine the patent application search to find relevant published technical documents correspondance with applicant or its Patent Attorney 6

7 Become an Examiner European Patent Office (EPO) university degree in engineering or science language knowledge (English, German, French) Many thanks to Michael Eberwein work experience in industry would be an advantage 7

8 Become an Examiner German Patent and Trademark Office (GPTO) university degree in engineering or science 5 years work experience in the field of science or technology Many thanks to Dr. Florian Siebel language knowledge in English, French would be an advantage 8

9 Intellectual Property Rights German Patent and Trademark Office Patents European Patent Office Patents Utility Models Trademarks Design Models 9

10 Chamber of Patent Attorneys 2700 German Patent Attorneys all German Patent Attorneys become automatically members when they are admitted to practice 10

11 Patent Attorney Office Usual Organisation: Partners (owner of the office) Paralegals (Legal assistance) Patent Attorney Candidates Patent Attorneys (associates) optionally: Lawyers, Patent Engineers 11

12 Work of Patent Attorneys Obtaining and enforcing intellectual property rights counsel the client in matters of inventions, trademarks, etc. represent client before the Patent Office / Patent Court 12

13 How to Become a Patent Attorney II. Patent Attorney Education 13

14 Soft Skills Requirements Deal with clients Communicate law Be prepared to work in different technical fields Be prepared to combine law and technology 14

15 Qualifications University degree in physics, chemistry, biology, engineering or information technology 1 year work experience (only for German Patent Attorney) 15

16 German Patent Attorney (1) German Patent Attorney GPTO & Federal Patent Court 26 Month Month Application 1 st exam 2 nd exam Final exam In house Training by a German Patent Attorney 26 month Law Studies (FernUniversität Hagen) 1 st written exam (after 1 year) 2 nd written exam, oral exam (after 2 years) 16

17 German Patent Attorney (2) German Patent Attorney GPTO & Federal Patent Court 26 Month Month Application 1 st exam 2 nd exam Final exam In house Training at GPTO & Federal Patent Court Month work with an examiner at GPTO (2 month) education to the Federal Patent Court (6 month) Final exam two written exams, one oral exam 17

18 European Patent Attorney 3 years Start work Final exam In house Training by a European Patent Attorney 3 years Apply for the European Qualifying Exam Final exam: 4 written exams 18

19 Patent Attorney Candidate's work Same work as a Patent Attorney Candidates are draft writers 19

20 A Patent Attorney's CANDIDATE day of work 9:00 12:30 prepare draft of patent application propeller blades 12:30 13:30 discuss draft with Patent Attorney 1 hour lunch 14:30 16:00 meeting with client chocolate machines 16:00 17:00 prepare draft letter to another client refrigerator 17:00 18:30 finalise draft of patent application after work: study law and do homework attend talks, seminars and lectures 20

21 How to Become a Patent Attorney III. Example of a patent application 21

22 Structure of Patent Application A patent application comprises 3 parts: 1. Description 2. Claims 3. Figures 22

23 Thank you! us/jobs/engineers scientists.html 23

24 Back up slides 24

25 Grant Procedure 25

26 Three ways of in house training 1. Patent Attorney Office become a Patent Attorney Candidate 2. Patent Attorney Office contract as Patent Engineer for 10 (or 8) years Law Studies, give Final Exam 3. In Industry Patent Department European Patent Attorney is more important work usually 2 3 years as Patent Engineer become Patent Attorney Candidate 26

27 Patent Examiner EPO (part 1) 1. Requirements university degree, English, French, German 2. EPO will contact you if your application is suitable 3. Selection procedure 1 hour time to understand: 3 patent applications, 1 tech. drawing selection division will: question you about the technical facts test your soft skills 27

28 Patent Examiner EPO (part 2) 4. Time of probation: 1 year 2 month in house courses (law studies, how to search and examine ) rest of time is training on the job, additional courses tutor (supervisor) for 6 month 5. Career career chances are small first career step after years start as an examiner become a director (chance 1/80) 28

29 Patent Examiner GPTO (part 1) 1. Requirements university degree, 5 year work experience in natural sciences or technology, IT experience 2. Selection procedure you have an interview with patent examiner 3. Time of in house training: 1,5 years courses (law, how to search and examine) training on the job 29

30 Patent Examiner GPTO (part 2) 3. In house training cont'd one tutor of the examination section your working first rating after 7 month, second rating after 17 month 4. Career not earlier than 3 years head of examination section head of division, judge at the Federal Patent Court 30

31 Patent Examiner GPTO (part 3) For more information contact Dr. Siebel at the German Patent Trademark Office 089 /

32 A Patent Attorney's day of Work 9:00 10:30 prepare a patent application computer hardware 10:00 phone call of a client 11:00 12:30 prepare response to examination report semiconductor 12:30 13:30 meeting with Patent Attorney Candidate propeller blades 1 hour lunch 14:30 16:00 evaluate legal situation chocolate machines 16:00 telephone conference 18:00 20:00 prepare for oral proceeding next day electronics 20:00 21:00 review response to examination report 32