INTERVIEW

This is not a traditional interview with a European Patent Attorney, but with a headhunter. I thought it would be interesting to show a different point of view about our European Patent Attorney profession.

Kieron Wright has been specialized in IP recruitment since 1999. He is the founding director of MWA, a recruitment firm and career consultancy for IP professionals. Although the firm's global expertise continues to expand, both Kieron and MWA specialize in recruitment across continental Europe.

What are employers mostly looking for when hiring trainee patent attorneys?

Kieron Wright: The competition for trainee places is very high. We have clients in the UK who quote application numbers ranging from 300 to 800 for an intake of 15 trainees.

When we ask this question of our clients, the consensus is the following:

• Strong academics are held in high regard – with certain fields being of particular interest right now i.e. high-tech areas like quantum technologies and AI. In addition, in the UK, biotechnology is hard to source.

• Strong written capabilities – with an attention to detail and ability to summarise concisely technical points. The interview process will often test this through asking the interviewee to draft a description relating to a technical product, or everyday object.

Whilst communication skills are important, we don’t see clients focusing so much on this component. What they want to see are the hard skills and value that trainees can bring to the role. The development of client communication and engagement comes later.

What is clear, is you must demonstrate an unwavering passion for the patent profession. You should research the firm to which you are applying and assess the fit in terms of what type of technologies they are focusing on and where you can contribute and add value.

You have an insight about many IP markets (Europe, Asia, Australia and the USA). How would you describe the differences between these IP markets?

When it comes to recruitment patterns, these markets are quite different. Within Europe, the demand for patent attorneys far exceeds the supply. In 2023, 655 candidates passed the EQE. If you then split this number according to location and technical discipline, you have a small inflow of qualified attorneys each year per country. So, once you have qualified, your ‘marketability’ is high.

We find the US market quite different to Europe. The number of qualified attorneys and patent agents is far greater, leading to a very fast hiring process. Equally, we find that candidates in the US are far more open to relocating to other parts of the country to realise a new opportunity. This, we do not see so much in the other jurisdictions. Within Australia, the market is small, and a lot of networking and career moves takes place in-country.

Are European Patent Attorneys also being sought after by employers in Asia, Australia and the USA?

We see a lot of interest from Australia. The quality of the qualified European Patent Attorney is highly regarded. We see this to a lesser extent in Asia and the US. When we have a European Patent Attorney wanting to talk to us about a career move to the US, there are still opportunities available, but we are always a little concerned in how that person could return to Europe in the future, should this be a decision later in their career. We see it can be quite hard to return to Europe, when you are competing with local European candidates.

How has the pandemic affected recruitment requirements and mindset?

It has been really interesting to see the shift in requirements and mindset across the profession. During and immediately after the pandemic, a lot of organisations pivoted to remote working. At the time, this was welcomed by the profession, and it identified that such a model could work. However, it was not long after returning to normal life habits, that companies and firms started to revert back to original work patterns, where employees were required to work more in the office than not. Before the pandemic, this would have still been regarded as a progressive approach to employee work/life integration. But, since the pandemic, there is a higher level of employee power and as such, candidates become more selective and favour those companies offering greater levels of hybrid/remote working.

We are also seeing more people take shorter term career decisions based on the remuneration package alone. Counter-offers now seem commonplace; so, clients in the latter stage of the hiring process now need to factor into their offers the potential counter-offer response. We coach candidates through this potential reaction from their employers as well as encouraging them to focus on the overall package that is on offer including: development opportunities, the chance to have impact, long-term career support, training and overall cultural factors. It still bemuses us to see employers offering more money to keep someone only when they are faced with losing them! And why are candidates more readily accepting the counter offer? I think it is partly down to the impact of the pandemic, and the hybrid working arrangements we see in the profession. Candidates are maybe able to tolerate more shortcomings in their current roles, knowing that they can balance this against more home-working flexibility and a subsequent improved work-life arrangement.

What could trainee or qualified patent attorneys do to improve their chances when applying for another position?

We can break this down into a number of stages:

• CV preparation: If the candidate is going through a third-party like MWA, this might be less critical. If applying directly to a position, then the quality of the CV in terms of relevant content and presentation is very important. We can help advise candidates on this aspect, having reviewed many CVs over the years.

• Application: When applying directly to a position, more and more application systems require an on-line submission. This process you cannot avoid but, if you want to rise above the other applicants, then take time to connect with the line manager of the department, in order to better understand what they are looking for in the position. This is a helpful and conscientious step to take.

• Interview process: Preparation is so important. You cannot expect to be taken forward if you haven’t carefully researched the company, the individuals in the department and the patent portfolio. The candidate must also be ready to provide examples of their career experience relating to the ingredients of the role, for which they are applying. What clients look for includes:

  • Achiever pattern: in each role, what has the candidate done which has been a highlight in the position. Clients want to see what the candidate has done to stretch themselves and to contribute to the bigger mission.

  • Ability to demonstrate key skills: this may come in the form of providing patent examples, so do think of this in advance.

What other career opportunities exist for patent attorneys?

When talking to candidates wanting to move into the profession, there is the concern that by committing to a very niche profession they will find it hard to broaden their careers into other areas, particularly if they feel that the life of a patent attorney is not something they want for the rest of their careers. Firstly, we very rarely talk to an attorney who has regrated their decision to move into the profession. To be at the cutting edge of science and innovation and help shape the future of many diverse companies, is a privileged position to be in. However, we are increasingly finding that the traditional patent attorney role can broaden into other aligned IP areas. These can include IP strategy managers, responsible for aligning patent strategy to the business. This is not a substantive patent attorney role but more commercial in outcome. We also see other attorneys moving into CTO positions, Business Development, Tech transfer, IP Asset Management, IP lobbying roles, and IP service provider roles, to name these examples.

What can you do if you enter the profession and then realise it is not for you? 

When we do see those candidates who have come to the profession, only to realise a few years down the line that their chosen career doesn’t meet expectations, all is not lost! Invariably, they will head into a technical/research role and these positions are still in high demand. The skills you develop as an attorney only compliment your profile and will be seen as a positive. Again, at MWA, we provide career coaching support to attorneys at all stages of their careers, and we can help them navigate these challenges.

What support can you receive from your employer through the training period, and can you move mid-training?

This is an important question, which has more implications for your career than one originally considers. As an applicant, your ambition is to secure a trainee position. Because of the limited knowledge you may have of the profession, it is hard to be circumspect about who you join. When in the application process, be that for a private practice or industry position, you need to understand the level of support you will receive towards your professional training. If the organisation doesn’t place much emphasis on the journey towards qualification, treat this as a red flag. Does it mean that IP within the organisation is less important to the business? Does it mean the Head of Department does not have the upper management influence? Is the Head of Department qualified? Getting into the profession is a big goal. But working towards qualification is an even larger goal, and very attainable, in the right environment.

Within a firm environment, it is expected you will be mentored towards qualification. Working for a small firm has its benefits, just as much as the larger firm with a robust training programme. Within the former, you would want to hear that you will be supporting a number of partners/senior associates. This will help you to learn the patent craft from different perspectives, which in turn will help shape your own craft.

During the training process, which could take up to five years, depending on if you are working towards the national and/or European qualification, you will hopefully be sent on external training. This comes at a cost to the firm/organisation, and many will want to lock you in for a number of years after you qualify – this can be via the repayment of the training costs or through a retention bonus paid out a number of years after qualifying.  However, this does not mean you are unable to leave – be that during or after qualification. We see a lot of future employers taking on the loan costs from your employer or offering ‘golden hellos’ to cover the loan payment.

Is it better to start in industry or private practice?

In most cases, we find that those who start in private practice are exposed to a much greater volume of substantive patent work across multiple industries. Your role will be a concentration of drafting and prosecution of applications, which will hone your skills as an attorney. Once qualified, a move to industry helps to round you as an attorney, in that you get to experience IP on the other side. Within industry, you get more personal ownership to the patent strategy and have a clearer horizon of why the patents are being filed. But if you start in industry, whilst this is still a good option, you may not have the same concentration of work as in private practice. It is hard not to generalise on this point as there are industry roles where you would be carrying out high volumes of prep and pros. So, as a general rule, consider and explore the position and its offering in detail to ensure you gain exposure to a broad range of activities (and ideally technologies) that will set an excellent foundation for your future career.