Intellectual Property - A Career

One of the questions that I am asked often when I introduce myself is, why and how did I choose a career in Intellectual Property (IP). Perhaps the origins of my interest in IP lie in my interests in law. While at college, I noticed that while my skills in my subject of specialization (Chemistry) were about average in class, my other skills such as written and oral communication, debating, making presentations, intrapersonal and interpersonal skills etc were substantially better than average. Also, on being exposed to the USA, I found that law is a highly respected and economically viable profession, as compared to engineering and science. All this made me think seriously about a career in law in the USA.

Further, among the various specializations in law, I thought that Intellectual Property was the only one in which a degree in science or technology would be a major advantage, and not just an additional paper qualification. Typical choices that were available to me on graduation included further studies in the same subject (usually in the USA), a job through campus placements (usually in software), and further studies in management (by appearing for entrance exams). I chose not to opt for either of them, as a conscious choice. Instead, based on a recommendation from my guide who I worked with on my Masters thesis (the convener of the patent committee), I joined the division that handles IP (among other things) at the university. As such, I did not get much training on IP (or salary), but the job gave me some confidence (that I could learn on my own) and exposure.

As a student from a reputed institution where grads are assured of jobs with high salaries, working as a research assistant (very much like an intern) was not easy for me to digest, especially when my (less talented) peers were earning much more. But I told myself that I could either have a sustainable career in my chosen field (Intellectual Property) OR a high-paying job, but not both (at least not right away).

There are some fields that require analytical skills, not much specialized knowledge, and minimal training (e.g., software and KPO). Fresh graduates from reputed institutions can easily find high paying jobs in such fields and continue to grow further (just based on their analytical skills or on newly acquired management skills) without investing in acquiring specialized knowledge, however IP is not one of those fields. Without specialized knowledge, one can get a job (even a high paying one) related to IP, but not sustain a career, as the lack of specialized knowledge leads to stagnation in the (initially) high-paying job. Some of the requirements to build a sustainable career in IP (particularly patents) include
1) The ability to grasp new technologies and applications quickly
2) Excellent written communication skills
3) Ability to understand laws, read bare acts and rules and apply them in practical situations
4) Interpretation of techno-legal documents
5) Thinking and reasoning like a lawyer (which is different from thinking like a scientist or engineer)
6) Analytical skills (particularly in patent analytics)
7) Reading comprehension (including ability to discriminate between relevant and irrelevant)
8) Attention to detail
9) Training by an experienced IP professional
10) Practical experience to realize and internalize the training

Among these requirements, the ones that can make the maximum amount of difference to an IP career are 9 & 10, namely training by an experienced IP professional and practical experience to realize and internalize the training. 9 & 10 can save several years of struggle for entrants to a career in IP, and even help cultivate 1 to 8 quickly. To illustrate this point, US patent attorneys who possess all qualifications on paper (degrees in engineering + law + maybe management + passing the patent bar exam and being registered to practice before the USPTO), may have a hard time finding a job. However, once they acquire about a year’s experience with a reputed firm, they are offered six figure salaries. The difficult part is getting that one year experience in that first job with a reputed firm without any relevant job experience.

The only route to getting that first job with a reputed firm that can provide 9 & 10 is internship (to work for substantially less pay) and train under an experienced IP professional. Most experienced IP professionals are reluctant to provide training on the finer aspects of patent prosecution to others, as the training is the distinguishing factor between IP professionals. I happen to be one of those rare and lucky individuals who got training from a US patent attorney who has worked at the top US patent prosecution firms, as well as practical experience in prosecuting US patent applications at a US patent law firm, while working from India. I intend to provide opportunities to select candidates to receive that kind of training, which will enable them to create a sustainable career in IP for themselves, through internships.