Patent Examiner Job Description

What is the job description of a Patent Examiner? What are the duties and responsibilities of a Patent Examiner? What does a Patent Examiner do?

Job description of a Patent Examiner

Patent examiners assess applications for patents, which are granted to inventors to give them the right to stop other people using, selling or making their inventions. The role also includes checking that the invention is new, not merely an adjustment to something which already exists, by carrying out searches using National and foreign patent specifications, technical literature and databases.

Patent examiners develop specialist expertise within a particular area such as biotechnology or electrical engineering, but opportunities may arise to change specialist subject areas.

This Patent Examiner job description example includes the list of most important Patent Examiner duties and responsibilities as shown below. It can be modified to fit the specific Patent Examiner profile you're trying to fill as a recruiter or job seeker.

Patent Examiner Duties and Responsibilities

Patent Examiner job description should contain a variety of functions and roles including:

  • Searching through earlier publications, technical literature and online databases of National and foreign patent specifications to make sure that the application is novel;
  • Investigating each application to ascertain that the invention is described clearly and in such a way that a skilled person would be able to use it;
  • Conducting a substantive examination, including a detailed examination of the description and the claims (i.e. the extent of the monopoly sought);
  • Considering legal matters affecting acceptability and entitlement to the monopoly claimed by the applicant;
  • Making a final decision as to the novelty of the invention, which is written in a final report;
  • Discussing and negotiating with the applicant and patent lawyer to resolve any matters raised in the final report;
  • Maintaining up-to-date knowledge of developments through study and visits to laboratories, factories, exhibitions and seminars;
  • Occasional specialised work, such as intellectual property policy, information retrieval and publicity.
  • Presenting cases at hearings before a principal examiner;
  • Examining the invention from a technical standpoint;
  • Gathering information on which to base a judgement as to the originality of the invention;
  • Preparing an initial report and giving the results of the search to the applicant or, more usually, a patent attorney, who then decides whether to proceed to the second stage of the application;

Patent Examiner Requirements / Skills / Qualifications

Patent Examiner job description should include these common skills and qualifications:

  • Degree in a relevant science, engineering, mathematics or computer science course.
  • Ability to apply scientific and technical knowledge to the concepts of patent law
  • Excellent analytical and critical skills and an eye for detail
  • Ability to communicate complex technical and legal arguments, justifying the granting or otherwise of a patent, both orally and in writing
  • Research skills
  • Negotiation skills
  • Communication skills to interact with colleagues and applicants to process patent applications efficiently
  • Flexibility of thought and the ability to grasp unfamiliar concepts
  • Self-motivation and a willingness to take responsibility for your own actions
  • Competence in IT, in order to search databases and check the originality of inventions.

As a hiring manager, recruiting an ideal Patent Examiner starts with crafting a good job description. Use this Patent Examiner job description template to save yourself time and help you attract the most qualified candidates. Feel free to revise it to meet your specific needs.

Job seekers interviewing for the role of a Patent Examiner may also reference it in preparation for the interview.