If you’ve heard about intellectual property (IP) and have an understanding of what it is, you’ve likely come across the terms ‘patent attorney’ and ‘IP strategist’. Sometimes these terms are used interchangeably— but they shouldn’t be! These two roles are distinct, and while some people in either role can offer the services of both, when it comes to what they do and don’t do, it’s important to recognise the differences between them.
This article explores what a patent attorney is, what an IP strategist is, and how these roles differ. For personalised advice, contact our team at The Intellectual Property Works today.
What is a Patent Attorney and What Do They Do?
Essentially, the core role of a patent attorney is to focus on protecting a business’ IP and obtaining registered IP rights, especially patents. A patent attorney is the person who creates the shield that protects your innovation and creativity from prying eyes. This generally involves securing registered IP rights (most often patents).
As attorneys, they have a thorough understanding of the legal intricacies this process involves and are therefore able to navigate patent applications with relative ease. With their skill set, they’re able to translate technical details into patent applications that ensure that a business’ innovations are protected. They will have experience in not only intellectual property law but also in explaining and organising innovations in ways that fit in with the stringent rules of the patent system.
What is an IP Strategist and What Do They Do?
An IP strategist works closely with a business to determine what protection should be sought, and whether or not patents are the way to go. They also look at the overall picture of their IP with a bird’s eye view, helping businesses to understand where the IP fits into their business plan, how important it is (or isn’t), what internal processes they should have to manage their IP, what approach they should take to manage their IP risk, and so on.
It’s crucial to note that an IP strategist needs to be close to the business they’re working with. This is because it’s all about getting under the skin of the company or companies in order to make as meaningful a difference as possible. While any IP strategist has the ability to do the work assigned to them, having one that thoroughly understands what you do and how you do it is essential.
In a way, you can think of an IP strategist as an ‘in-house’ role, managing relationships with external IP providers to offer the most value. It’s also important to note that strategic IP advice independent of the actual filing of the patent and ™ applications can also be highly valuable, and as such you need to know your business well to determine the route you want to take.
Kevin O’Donnell, a strategic advisor, likened his role to that of a co-pilot. By describing his position as ‘a trusted co-pilot on a company’s journey towards success’, he eloquently outlines how strategy is about taking that overall picture and fine-tuning the process to fit.
The Differences Between a Patent Attorney and an IP Strategist
While both roles safeguard business innovations, their respective differences can be categorised into:
1. Focus and expertise
A patent attorney focuses more on the legal aspects of obtaining patents and other registered IP rights, while an IP strategist takes a more holistic approach by providing information that not only considers patents but also the business’s overall goals.
2. Function
A patent attorney speaks legalese and uses that skill to prepare patent applications that adhere to all the necessary requirements. An IP strategist aims to align IP strategies to a business’s plans for growth and expansion.
3. Approach
A patent attorney always has their legal eagle eyes on, using this lens to secure IP rights, while an IP strategist works strategically to consider the broader implications of IP in relation to business strategy, risk management, and more.
4. Internal vs. External
A patent attorney typically works outside of a business and provides legal services without having a vested interest in the company. Meanwhile, an IP strategist functions more like an in-house advisor, or co-pilot, helping to shape long-term IP strategies and collaborate with external IP service providers.
5. Outcome
A patent attorney aims to obtain registered IP rights for your company and offers legal protection against infringement. An IP strategist focuses on optimising a company’s IP assets value so that it aligns with business goals and minimises risk.
6. Scope
A patent attorney is crucial to the process of applying for a patent and the overall legal aspects, while an IP strategist stays for the whole flight from take-off to landing, advising a business on protection strategies, assessing an evolving business’s needs, and more.
The Best of Both Worlds
While some IP strategists are qualified as patent attorneys, and while some patent attorneys can also offer strategy services, these are two distinct roles. If you’re looking for an experienced IP strategist who’s also qualified as a patent attorney, The Intellectual Property Works has you covered. Founder Stephen Carter is passionate about helping all types of innovative businesses to make the most of their IP assets, so get in touch today!
