A Background in Engineering
In the late 1980s, I received a bachelor’s degree in electrical engineering from Loyola Marymount University in Los Angeles. My passion for the field led me to pursue a master’s degree in electrical engineering at the University of Southern California in the early 1990s. My early career began at a defense contractor, where I worked on military radar systems. After several years in engineering, I decided to further my education and was accepted into Stanford Law School, focusing on patent law.
Why Patent Law?
My transition from engineering to patent law wasn’t a switch but an extension of my technical background. As an engineer, I was always fascinated by ideas, inventions, and how things work. To become a patent lawyer, having a technical background is essential, and I use my engineering knowledge daily in my practice. Being a patent lawyer allows me to continue exploring my interests in technology and innovation while protecting inventors’ intellectual property.
Understanding Patents
A patent is a set of rights the government grants to inventors, documented in a patent application. Think of a patent as a two-sided coin: on one side, the government grants the inventor the right to exclude others from making, using, or selling the invention. Conversely, the inventor must disclose how the invention works, allowing others to replicate it after the patent period, typically 20 years from the filing date. This process ensures that, eventually, the invention becomes part of the public domain, benefiting everyone.
Types of Patents
Patents can be categorized primarily into utility patents and design patents:
- Utility Patents: Most people think of these when they hear the term “patent.” They protect methods, systems, or apparatuses, such as machines (e.g., a steam engine, spaceship, or computer chip).
- Design Patents: These cover the ornamental design of an article of manufacture, such as the appearance of Crocs shoes, a fancy lamp, or a Montblanc pen.
Additionally, plant patents are granted for new species of plants. Plant patents are much less common than utility patents and design patents, they require specialized knowledge in botany and patent law.
The Patent Process
The journey to obtaining a utility patent typically begins with inventors having a well-developed idea. A good understanding of the invention’s functionality is sufficient for predictable fields like computer science or electrical engineering. More experimentation is needed for less predictable fields, like new medicines or chemical compounds.
Once the invention is documented, the inventor works with a patent lawyer to prepare a patent application. This can be a provisional application with fewer formal requirements or a non-provisional (full) application. A provisional application can be converted to a non-provisional one within a year.
The application is then filed with the United States Patent and Trademark Office (USPTO) and reviewed by a patent examiner with a technical background relevant to the invention. Examiners typically issue an initial rejection, citing issues like ambiguous wording or prior art (existing inventions or publications).
The patent lawyer collaborates with the inventor to address these concerns and respond to the examiner’s objections. This back-and-forth process can take two to three years unless accelerated by specific circumstances, until the application is granted as a patent.
What advice would you give aspiring inventors or individuals interested in pursuing a career in patent law?
For aspiring inventors, my advice is to document your ideas and innovations thoroughly. Detailed records and drawings can be crucial when filing a patent application. Additionally, consider seeking guidance from a patent attorney early to ensure your invention is properly protected.
For those interested in a career in patent law, I would recommend gaining a strong technical background in a field you’re passionate about. This expertise will be invaluable when working with inventors and understanding their innovations. Law school and specialized courses in intellectual property will further equip you with the necessary legal skills. Ultimately, a career in patent law can be incredibly rewarding, allowing you to work at the intersection of technology and law, protecting and fostering innovation.
Conclusion
Becoming a patent attorney was a natural progression, blending my passion for engineering with my interest in protecting intellectual property. The role allows me to stay engaged with technological advancements while helping inventors secure their innovations. Understanding the patent process, the different types of patents, and the journey from idea to granted patent highlights the intricate balance between innovation and legal protection.
