In countries where patent attorneys have a special training track and registration process that does not require them to have a general legal education, the term “trainee patent attorney” is commonly used. Instead, the country has implemented a patent practitioner qualification and certification program that includes on-the-job training, classroom education, and standardized exams. The trainee typically works at a patent firm under a training contract while pursuing certification, and after meeting all requirements, becomes a registered patent attorney.
Patent law is a particularly difficult legal field that necessitates specialized scientific knowledge that is not covered the law. Practitioners must be familiar with intellectual property law, but they must also understand the mechanics of the inventions being considered for special protection in order to prove that they are unique. To work effectively with patent applications and defend patent rights, patent attorneys must have outside specialties in hard and applied sciences such as biology, physics, and engineering.
Because of the interdisciplinary knowledge required to practice patent law effectively, the European Union, Australia, and Canada, among other countries, have separated patent attorney training from other types of legal education. These countries have established a training track and certification program that allows people to concentrate solely on patent practice without having to learn other areas of law. After completing the training program and passing the exams, the trainee is qualified to practice patent law, but not general law.
In these countries, a trainee patent attorney is someone who has formally enrolled in a program to become certified in patent law. In most cases, the applicant must have a strong undergraduate academic record in one of the sciences and have completed a certain number of course hours with a certain grade point average. He then applies for a position in a patent firm’s training program. If he is hired, he begins working as a trainee patent attorney under the terms of a written training agreement.
Depending on the country, trainee patent attorneys work for two to four years. The training position meets the certification experience requirement. While working, trainees also complete required coursework and take qualifying exams. After completing all certification requirements, the trainee patent attorney is listed as a registered patent attorney with the authority to practice patent law in the jurisdiction.