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It’s time to tackle ’s attorney deficit

The IAM blog currently has a and sellable – the patent system their IP rights to maximum effect. in Europe, what we need to be regular readership of around has a crucial role to play. Remember, too, that at any one talking about is how we get 9,000 unique users, who visit We all know about the time a good number of those more patent attorneys on the the site an average of three ongoing efforts to introduce a 9,250 are not going to be ground. I know that patent times a month. In this new Community patent and a single practising or will be working attorneys are highly skilled and series, some of the blog’s patent court for the EU. But I inside corporations and so not in go through years of scientific most popular recent posts wonder whether these are really a position to represent anyone and to get will be reproduced in the the pressing issues everyone but their employers. where they are, but maybe that Insight section of IAM thinks they are. I say this having The fact is that the first level of rigour is not what is magazine, along with some just found out how many patent contact that the vast majority of necessary today – at least when of the responses that attorneys there are currently SMEs – the lifeblood of it comes to SMEs. Instead, what they generated. authorised to prosecute European business – have with needs to come much more to We kick things off with applications at the EPO: 9,250. the patent system is via a patent the fore is the ability to look at a an entry written by IAM editor When you bear in mind that over attorney. But outside of countries business, its assets, its Joff Wild in late September. half of all European patent such as the UK and products and its people, and to This focused on the alarming attorneys – 4,956, to be precise – (and perhaps some smaller help ensure that the business lack of patent attorneys are based in either the UK or jurisdictions such as Sweden has a patent strategy (if, indeed, in Europe. Germany (there are, for example, and the Netherlands), attorneys it needs one) that will give it the more EPAs in Munich than there are not easy to find. Those that best chance of success. My The currently are in the whole of France; and are out there are hardly fighting guess is that this kind of advice has a population of just about more in London than there are in back the competition; so the will become commonplace only 500 million. These people live in all of Italy and Spain combined), incentive to offer high-quality, when there is more competition 27 member states. Within these that number becomes even business-focused advice is rarely between attorneys; when there member states, there are over more frightening. going to exist, and neither is the is a need to go out into the 20 million businesses. If Europe really is going to be need to be flexible with prices. market to drum up business Now, one of the stated aims at the heart of the 21st century’s Even in the countries with the and to offer something that your of the European Union is to be innovation economy, can we highest proportion of patent rivals do not. the centre of the world’s really do it on the back of the attorneys, it is not as if you can A Community patent and a knowledge economy. That efforts of under 10,000 patent find one on every street corner. single patent court are means creating and nurturing attorneys? I just can’t see how. In the UK, I have had a number attractive to those who already the innovative skills of the 500 Not because there will be a of conversations with patent use the patent system, but I am million so that we can grow the shortfall in the number of people attorneys who will not see lone not sure how far they will 20 million. This should lead to able to prosecute at the inventors because they are encourage a whole new group more jobs, greater prosperity EPO, but because it is not regarded as more trouble than of SMEs to start to engage. and higher standards of living. possible to rely on just 9,250 they are worth. And if it happens What might, though, is Most readers of this blog will people to give the accurate, in the UK, I would be very affordable advice tailored to agree that in order to create and patent-related business advice surprised if it does not their specific needs. And that, I nurture innovation – and that innovative European happen elsewhere. believe, means getting a whole certainly in order to turn it into companies are going to need if So, it seems to me that if we lot more patent attorneys out something practical, scalable they are to manage and exploit are really serious about patents there in the field.

Comments re: It’s time to tackle Europe’s patent attorney deficit

Not to state the obvious but... proved it. We in the IP industry focus on doing the creating, with the above comment makes me the “years of scientic education” hypothesise about it, and we the European IP industry actually a hypocrite (although I actually that patent attorneys must suppose it’s there, but if that’s being relatively small and being do believe our hype about IP endure does “create and nurture true then why do the real composed of IAM practitioners and innovation). It just innovative skills”. Then when innovators – the scientists and and business-focused people. reinforces the need for these budding scientists and the entrepreneurs – mostly I do see an inverse upside improving the image of IP, one engineers become either dislike IP or ignore it? to more attorneys, however, thing you discuss on the blog professionals, their innovative Let’s wait until that link is which is that more of them often. We have a moral output drops to zero: the life of a proven before encouraging more means that prices must come responsibility to prove that patent attorney is, effectively, people to stop being productive down, which would limit wages missing link before we dotting the Is and crossing the and start being pencil-pushing and make it a less attractive suffocate an already challenged Ts on other peoples’ inventions. consultants. As you suggest, it career comparative to staying technology industry with our Remember, we still have this might be better to embrace in science. own hyperbole. missing link between patents outsourcing IP applications to Now this is the career path I Tom Grek, Rouse & Co and innovation. Nobody’s cheap countries and let Europe took and I’m fully aware that International and Rouse Legal

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Regarding the rigorous training attorneys who opt out of advising we have a chance of engaging mindset and business model. of patent attorneys; in my individual inventors. Strong patent our 10,000 patent attorneys in Most patent service providers bill opinion, that level of rigour is protection alone does not make a helping businesses that can really their clients by the hour and a even more important for SMEs. business succeed, whatever the succeed, rather than indulging plethora of small to large service When it comes to IP, large belief of the typical armchair the recklessly optimistic. charges. It’s what EU clients are companies can afford a brawn, inventor. Unfortunately, the only Matthew Dixon, Harrison familiar with and is what US and not brains approach, and file business plan of too many Goddard Foote Japanese agents want to see. thousands of patent applications individual inventors is “get a Their business model does not sit without bothering too much patent, sell it for millions”. In I think you have spotted a very well with a more project or about their individual content. which case, where’s the business interesting and real problem but retainer-based management For SMEs, however, every single for the commercially astute patent are looking in the wrong place for consultant role needed by SMEs filing counts and having the right attorney to understand anyway? the solution. or those without CIPO expertise. support to make it pay is crucial. In my (personal) view, we Incidentally, it is a much On the other side, the clients do Moreover, in-house attorneys need to dispel the popular public bigger problem, than you may not wish to pay for advice and working for large companies can view that patents exist to protect think. The European patent have over the years come to become very specialised in very the ideas of the hopeful hobbyist attorney profession does not just expect advice for free and specific areas of technology operating in the isolation of a work for Europeans! Much of the payment only for the and/or very specific legal areas garden shed. Instead, we need to work they receive is from outside implementation phase; that is, (drafting, prosecution, develop a strong public the EU, primarily the US and patent filing and prosecution. opposition, litigation). Patent understanding that patents (and . Look at the latest EPO Patent attorneys have largely attorneys working for SMEs in other intellectual property rights) statistics for 2008, which are encouraged this behaviour and private practice, on the other are a business tool that should sobering reading. Many EPA have undermined their role as hand, must be prepared to be used appropriately by all firms are over 60% agency, that advisers. Given the perform adequately across a businesses to protect their is, non-EU-work. This means that commoditisation of IP services wide spectrum of tasks. This investment in innovative there is not enough European there is even less room for free is impossible without solutions. In an economy where originating work to support the advice. The profession is not rigorous training. 80% of the average company’s current European profession. incentivised to provide the I must, however, point out value is intangible, an intellectual Another sobering thought? services needed. that the statistics regarding the property strategy is as essential You are identifying an While I have some sympathy numbers of qualified EPAs are as appropriate finance was to important gap, which incidentally with Matt’s comments about the flattered by the grandfathers who a business of primarily was the subject of a keynote recklessly optimistic, the problem in certain countries vastly tangible assets. presentation by Robert Pitkethly is that the patents profession as a outnumber those having actually Until more businesses start to of Oxford at the recent CIPA whole has been very happy to passed the European Qualifying understand the real value of their Congress in London. This is the take money from the recklessly Examination. While many of intellectual property protection, gap between the service offering optimistic for some time. We have these grandfathers are very patent attorneys will continue to of conventional European patent not been good at encouraging strongly qualified and have a service the companies that have attorneys and the needs of would-be millionaires to use a wealth of experience, some don’t already seen the light, because commercially focused users and, savings deposit account as have any technical background those companies that value their importantly, potential users of the opposed to a patent to realise or experience in actual patent IP also value their IP advisers. The system for commercial advice. their dreams! So who can they work. It is certain that, in IP aware companies are those I’m a European patent attorney turn to for advice? Not the particular in those countries, it is that we need to see in the press, and have the experience to fill the patents profession I’m afraid. crucial to increase the number of not the eccentric inventors. These gap, but the vast majority of There is a wealth of IP qualified EPAs, but also to ensure companies will lead the way in European patent attorneys cannot. opportunity out there, which is that this is done not by watering demonstrating how an investment They are trained in a specific way not being nurtured through IP down the qualification in good IP advice and strong IP to provide a patent office-focused ignorance. I agree that education requirements, but by a much protection is an important factor service and in the main do not is important, but who is going to more important investment in in a successful business. have the expertise or skills or provide that and when all are recruitment and training. High-quality, business- desire to fill this gap. Most would educated, who will provide the These are, of course, my focused IP advice is expensive, actively shy away from providing CIPO-type service required to own personal views and do not because IP is not simple to suitable services because they achieve maximum value? necessarily reflect those of my understand; but it should never know they cannot deliver what is My solution is to leave the current, past or future be more than a tiny fraction of the needed. Most have come straight European patent profession well employers or clients. value of the business that it from university, have never alone and let them get on with Rodrigo Calvo, Gevers supports. I have never yet had a experienced the commercial world what they do best, which is client who has complained about first hand and have no experience providing the implementation I agree that it is important for an the cost of my advice, once I of devising and implementing a phase of IP. We do need, innovative economy to have have explained the value to their real IP strategy (I don’t mean a however, to identify and develop sufficient commercially aware business. If we can propagate filing programme!) for anyone. others with the right experience patent attorneys, but I have that kind of understanding In addition, the service needs and skills to fill the gap. some sympathy for those patent throughout European business, you identify require a very different Nick White, TangibleIP

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