About the European Patent Attorney profession

INTERVIEW

Rui Gomes

Country: Portugal

Company size: 50-100

Experience: 10+ years

Type of work: Private practice (plus teaching and EQE tutoring)

How did you learn about the Patent Attorney profession and what inspired you to become a (European) Patent Attorney?

It was a long way until I got into this path. I heard about patents once or twice during college and was an inventor of a patent application resulting from my PhD. But it was only through friends working in the area that I understood that it could be my thing.

My entry in IP happened as a patent examiner, and from there I moved to the consultancy area. While taking this step, I can say that it was the ability to participate in this process of adding value to companies, getting into more depth in this process.

Most people know that Patent Attorneys help clients obtain a patent. However, what other tasks are you responsible for? 

To get a patent is a stage of what you do. It is a very important stage, but is part of a wider picture, which is the client’s IP strategy. So, that is something you build and work in, to cooperate and advise for a comprehensive strategy regarding IP in which obtaining one (or, typically, more than one) patent is that relevant part. So, it involves a dive into the business strategy of the client to understand how to support it with an expertise in IP, which also involves the other IP rights: trademarks, designs, copyright, etc, possibly complemented with different perspectives in IP, such as FTO.

It may involve different stages of post grant proceedings, such as licensing agreement negotiation or court litigation.

Law and business define good slices of the “IP cake”. Of course, the basis is science and technology, and an attorney needs flexibility to get into the details. The good thing is the ability to talk directly with the biggest expert – the client/inventor – which provides the best crash course.

What does the team structure at your workplace look like?

We have a team which has professionals from different experiences and backgrounds, be it technical or non-technical.  In summary, attorneys and paralegals. The structure is therefore the commonly used in private practice. We seek to have a close cooperation between team members, be it in the daily work or in projects (e.g. IT based development projects or procedure review), which allows us to be more dynamic than that classic structure would imply.

What does your average workday look like?

As I look at it, it is quite diverse: team management, contact with clients, technical work, planning. It involves a good amount of interacting with people which I really like, be it in person, through videocalls or email. And, of course, a good lot of advising, reading, evaluating, deciding.

What would a dream workday as a (European) Patent Attorney look like for you?

Just described it, I guess.

What is the most exciting aspect of being a (European) Patent Attorney for you?

Well, I talked a bit about what thrilled me to come into this area. To feel that I am adding value. To be part of a group of professionals which are recognizably top notch in their area.

What are your least favourite tasks?

Any job is a package deal, so it can’t be perfect every single day: this does not mean that there may be any particular problem with the job, as you are not the same every day. One day you can feel more introvert while the day after quite the opposite. One day you can be more focused and able to go through a high amount of documentation, while the next day you’re not able to go that far. These things are normal, as we change due to so many circumstances.

Maybe you have something important to do tomorrow, and a client has an urgent matter to be dealt with. Your focus has to be changed, but that also means you’re dealing with matters that matter, and that is quite exciting. So, some days phone calls and some other days the amount of sudden work.

Does your job allow you to have time for your hobbies? Do you have any side projects related to patents?

Sure! It is as important to use different skills, resting, giving a second thought, not to mention family, friends and all the things that your life requires.

Well, it may even feel sometimes that you can get some satisfaction from the job that you would get from a hobby. I am happy to be able to manage my agenda to be involved in education and associations. I believe that a good bit of IP is education, as we need to continue spreading these important words. I have been tutoring in the Candidate Support Project of the EPO/epi in the past years, as well as for CEIPI. This is a side that I think many colleagues can relate to: passing the knowledge and keeping the contact with colleagues entering the area. I also was happy enough to teach IP and build my program for a university degree in Lisbon. This is another side of the profession that I really love.

On top of this, I also feel quite lucky to be able to cooperate with such outstanding colleagues in my work in UNION-IP – the Union of European Practitioners in Intellectual Property, seeking to promote and improve the profession in Europe, as well as in the epi, the Institute of Professional Representatives before the European Patent Office.

If you could start your career over, would you change anything?

No. It could be a sort of disconcerting look back, couldn’t it? Although I have a strong belief in the power of dedication and merit, I also think that sometimes you need to be in the right place at the right time. Chance can also be a big deal. On the opposite side, there are aspects in a person which are not entirely adaptable. So, I try to cherish what I was able to do and with that experience look at the present and the future.

If the Patent Attorney profession suddenly disappeared tomorrow, what else would you do?

That would be quite serious, as I love this area.

Still, a Patent Attorney is able to continuously work his/her creativity, to look at problems/matters from different perspectives, checking strengths and weaknesses of any given situation. A Patent Attorney can do a great job in any planning or creative area.

But, just to be safe, long live IP!

What advice would you give someone that wants to become a European Patent Attorney?

Go for it. One needs a good amount of resilience to go through difficult stages, including entering the area, preparing for demanding qualifications, and balancing work and life, just to name a few. But it will be rewarding, at least as I see it.

What do you think about the future outlook of our profession?

As in any area, I see a higher and higher automation, especially in those activities which are more automatable. I don’t see that the more creative work can be replaceable any time soon, for instance due to the need to understand the invention and “pulling the thread” as an attorney discusses the invention with an inventor.

But this is something quite expectable, not a very great forecast. Did anyone imagine 20 years ago where we are now? Could we do it now? I see us around and don’t think (or hope?) it is wishful thinking.

With more and more available software, do you think the work of European Patent Attorneys will change in the next 10 years?

Definitely. And I will feel very happy to be able to see it.