How to become a UK and European patent attorney

This article is intended for people who are considering a career as a UK and European patent attorney. The routes to becoming a patent attorney vary between territories, and people interested in the role in other territories should be aware that the information below may not apply in those territories.

Step 1: Get a degree in a STEM subject.

In general, almost all those who become UK patent attorneys and/or European patent attorneys will first need to obtain a degree in a STEM (science, technology, engineering, and mathematics) field. While it is not impossible to become a UK patent attorney or a European patent attorney without a STEM degree, the route to qualification is significantly longer and more challenging without this. Most employers of UK and European patent attorneys will only hire trainees who have a STEM degree, and usually one with a good grade (e.g. a 2:1 or above).

A strong background in science or engineering is essential to a patent attorney, because it allows them to understand their clients’ inventions. While patent attorneys are rarely (if ever) leading experts in the technologies in which their clients are involved (instead, the inventor is generally the expert), the patent attorney needs to understand enough of the relevant technology to understand and describe the invention.

At the time of writing (August 2024) it is not necessary to have a Master’s degree or a PhD, although many employers value this and it may help applicants to stand out from the crowd (and may be particularly desirable in some areas, such as in life sciences where candidates may wish to reach out to a partner for the firm to which they're applying and ask directly whether a lack of Master's degree or PhD is a problem). There has also been recent (and somewhat controversial) discussion of the option to require European Patent attorneys to hold at least a Master’s degree. One advantage offered by postgraduate qualifications is that they typically involve some element of research and self-led problem solving, both of which lead to transferrable skills which a patent attorney may find valuable.

It is also not necessary to have a law degree. Most UK patent attorneys and European patent attorneys do not have law degrees and will not have studied law before joining the profession. While it is necessary to learn relevant intellectual property law as a trainee (both to pass exams and to be able to properly advise clients), and to keep up with legal developments post-qualification, no prior knowledge of the law is needed. The qualifications necessary to become a patent attorney are professional qualifications, and candidates generally study for these qualifications while working as trainee attorneys.

Step 2: Confirm whether a career as a UK or EU patent attorney is right for you

Most STEM students chose to study science for some reason other than a planned future career as a patent attorney (although this author has met at least one exception). As a result, most STEM students only consider the career during or after completing their degree. Those who are interested in the career should spend some time learning about the routes to qualification and about what the career entails more generally.

Patent attorneys in the UK usually seek to qualify as both a UK Chartered Patent Attorney, and as a European Patent Attorney, and the routes to these qualifications are similar, but not identical (see Step 4, below).

Qualifying as a patent attorney can be a daunting task, and it is not always a task that is appealing to those who have recently passed a set of challenging university examinations, in order to obtain a degree! Anyone considering a career as a UK and European patent attorney should carefully consider whether this is the kind of challenge they would like to take on, as well as how much time they will need to spend studying, and how much support will be given by their employer along the road to qualification. That said, gaining knowledge in the law, and working in an area that includes legal, technical, and commercial aspects, is very rewarding.

There is of course more to the job than passing exams, and those considering the career should also consider what their typical day, week, and month at work will entail. Drafting and prosecuting patent applications will make up a large part of this (anyone not interested in writing lengthy technical documents need not apply!) but there will be other aspects to the work as well. For example, trainees should expect to meet with inventors and clients to discuss inventions and commercial goals, to be able to manage and meet deadlines, to have some involvement in business development, and so on. At first all of their work will be carried out under the watchful eye of a qualified attorney but, as they gain skills and qualifications, they will be given more opportunities to work independently.

Speaking with current trainee attorneys, as well as qualified UK patent attorneys and European patent attorneys, will help those considering the career to understand whether it would be a good choice for them. It will also help them to decide whether any particular employer is one with which they would like to work.

Step 3: Apply for jobs as a trainee patent attorney

Consider whether you would prefer to work with a larger firm or a smaller one, and whether you might be better suited to working in-house (e.g. with a technology-focussed company which both develops inventions and then files its own patent applications for those inventions). Also consider where you would like to work, keeping in mind that most firms of patent attorneys are based in or close to larger cities, and that even as a UK patent attorney you need not necessarily restrict your search to firms within the UK. Keep in mind that not all firms will necessarily have a practise that suits your existing expertise. For example, a firm that specialises in pharmaceutical inventions is less likely to hire a mechanical engineer as a new trainee, unless they also already have some patent attorneys working in engineering.

Once you’ve considered your preferences and needs, start applying for roles. While some firms will list vacancies on their websites, and while CIPA (the Chartered Institute of Patent Attorneys) also has job listings, many firms will also accept speculative applications. A good candidate should not be put off sending in an application even when a firm currently has no vacancies listed on their website.

It will be important to hone your CV and cover letter writing skills. The career involves a great deal of writing and attention to detail and your CV and cover letter are your first opportunity to show that you excel in these areas. Chances of obtaining an interview will be increased for candidates who stand out from the crowd. This might mean highlighting existing experience in writing for varied audiences, or in commercial matters, or an exceptional technical background, for example. It will likely also mean tailoring your CV and cover letter for each application, to demonstrate that you have at least done some research about the firm to which you are applying and that you understand the technical areas in which they work.

Application processes and interviews vary significantly from firm to firm. In a few rare cases firms will do little more than invite an applicant to join them for an informal chat before sending a job offer. Others will have more formal interviews and, in some cases, other assessment steps which may extend over several days. It is almost a cliché that during an interview the applicant will be asked to describe a simple item in terms of which features it requires in order to work (this being part of the patent drafting process). Other typical questions generally involve a discussion of the applicant’s education and work background to date, as well as why they wish to work for the firm to which they have applied, and why they would like to become a patent attorney.

This process is competitive. There are many applicants for each position. As a result, many applicants will send large numbers of applications before being invited to their first interview. In some cases applicants will attend a large number of interviews before being offered a job. It is a good idea to be persistent, and to treat each round of applications and interviews as a learning opportunity.

Step 4: Having found a job as a trainee patent attorney, prepare for and pass exams

To qualify as a Chartered UK patent attorney, it is necessary to pass exams set by the Patent Education Board, a branch of CIPA. To become a European Patent Attorney, it is necessary to pass the European Qualifying Examination (EQE).

The UK qualifications begin by either passing foundation level exams, or by gaining an exemption from these by attending an accredited Foundation Certificate course offered by Bournemouth University, Brunel University, or Queen Mary University of London. It is then necessary to pass four advanced exams which test candidates on their knowledge of patent law (with a particular focus on the UK Patents Act, as well as other relevant legislation), their ability to draft and amend patent applications, their ability to assess the validity of patent claims, and whether a particular act would infringe them, and their ability to advise a client. Applicants will also learn about other aspects of intellectual property law (including some registered design law, trade mark law, and copyright law).

The European qualifications require that candidates first complete a minimum period of training before attempting a “pre-examination” paper. At time of writing (August 2024) this paper is set to be replaced with two “foundation” papers. Following this, candidates must pass four exams which assess candidates on their knowledge of patent law (with a particular focus on the European Patent Convention, as well as other relevant legislation), their ability to draft and amend patent applications, their understanding of the patent opposition process, and their ability to advise a client.

Within 3 years of qualification, successful candidates must also complete a litigation certificate.

It is no exaggeration to say that these exams are particularly challenging and will require a thorough working knowledge of patent law, as well as an understanding of how to provide relevant commercial advice to clients. Both the qualifications for UK Chartered patent attorneys and those for European Patent Attorneys are only obtained after multiple years of training and study, and many trainees require multiple attempts before passing some of the exams.

Those who are interested in the career should keep this in mind when applying for roles. It is sensible to ask potential employers about training and support, and to understand how a firm helps their trainees along the road to qualification. It is in every firm’s best interest to ensure that candidates receive a high quality of training and exposure to a wide range of relevant work, so that those trainees can become successful patent attorneys in future. In many cases, that training will largely take the form of informal, on-the-job experience, guided by one or more qualified attorneys, with trainees steadily gaining independence as they gain skills, experience, and qualifications. This guidance will be supplemented by self-led study and possibly through attending internally or externally provided courses. That said, every firm will have a slightly different approach and it is important for candidates to consider how they learn best, and whether a particular employer’s approach would suit them.

The road to qualification is long and challenging, but the result is a satisfying and intellectually engaging career with an excellent earnings potential. The opportunities within the role are diverse, both in terms of the technologies about which patent attorneys learn, the clients with which they work with, and the legal and commercial challenges that they are required to overcome. The career certainly does not suit everyone, but those it suits tend to thrive.

Author: Rebecca Douglas. If you have any questions about this article, please do not hesitate to get in touch. We advertise vacancies from time to time on our careers page.