The Job of a Patent Attorney

This article is part of the "Intellectual Property More Advent Calendar 2021" series.
I have written about the job of a patent attorney.

1. The Encounter

"Tsunobuchi-kun, check if there is a patent for this!"

It was the spring of 2008.
I remember it clearly, as if it were yesterday.

In the East Building of the Department of Chemistry, Faculty of Science (commonly known as Ribake), which is considered the oldest at the University of Tokyo.
In a room in the laboratory, the birthplace of Japanese chemistry, I received instructions from my professor.

Looking back now, that moment was my first encounter with patents.

At the time, I had just entered the doctoral program and was determined to make a living in academia, so I was immersed in my research.
Who could have imagined that I, who didn't even know what a patent attorney qualification was, would be writing an article for the Intellectual Property Advent Calendar like this?

Ever since I was in the laboratory, I loved looking up papers on my research.
I would check every paper and book in my field of research without fail, keeping track of when, who, and what kind of research results were published.
Perhaps I was just escaping reality by researching, since I was clumsy and bad at experiments.

" Write papers starting from the references" was the teaching of my mentor during my laboratory days.
I was taught that research is all about "positioning" and "significance," and that a paper that ignores or neglects the flow of preceding research cannot be called a paper.

The only academic paper without references is probably Einstein's paper on the "Special Theory of Relativity".

For research to be "original," it only makes sense when compared to preceding research.
Conducting experiments without researching what was already known and to what extent was not permitted.

The idea that research cannot be established unless you clarify its "significance" after clarifying its "positioning," rather than just because it "seems interesting."
This is similar to clarifying the novelty and inventive step of an invention after clarifying the prior art for that invention when filing a patent application.

Although the world I fight in is different from my laboratory days, I still value prior art when writing specifications and documents.
By knowing the prior art, the differences from conventional technology become clear, and by clarifying the positioning and significance of the invention, the value of the invention can be maximized.
You cannot write good documents or good specifications without knowing the prior art.

2. The Joy

"Knowing what you don't know"

I think that is a fundamental joy for human beings.
There is no reason needed for the desire to know or curiosity.

The desire to know has advanced science.
The enthusiasm of researchers who want to know has opened up the unknown and developed industry.

When I was a child, I used to read insect encyclopedias and books about space, and I was thrilled and excited to know that there were worlds I didn't know about.
I have become quite an adult, but the joy of knowing hasn't changed a bit.
My body has grown, but my curiosity remains that of a child.

The reason I wanted to become a patent attorney was simply because I loved learning about new technologies.
I had always dreamed of studying law because I admired the Faculty of Law when I was a student.
In that sense, the work of a patent attorney involving "technology" and "law," as well as the work of "research," might be my true calling.
You never know what will happen in life, but I feel it is well-crafted.
I cannot write everything here, but I believe it was fate that I became a patent attorney.

Intellectual property work allows you to study while getting paid, and you can become knowledgeable about the latest technology.
I truly think it is such a wonderful job.

When I listen to researchers talk about new technologies during invention consultations, the thrill of being secretly shown the contents of a treasure chest is irresistible.

When a new court precedent is issued, the scheme of trying to use it in my strategy as a practitioner by understanding the points of contention is similar to the exhilaration of knowing a secret.

I am truly glad I became a patent attorney, and I have nothing but gratitude for being able to make research my profession.

Invalidity searches where you absolutely must find usable materials, oppositions where you must win a cancellation, and infringement lawsuits where losing is not an option—I believe the real thrill of the profession lies in leveling up step by step by overcoming walls amidst extreme tension.

“The reward for work is work.” This is a teaching from the office director of my firm, but when I receive requests for difficult work as I get older, I consider it an opportunity and tackle it with all my might.

3. Connecting the Dots

Looking back now that I have become a patent attorney, I realize that at each moment, I always tackled things with all my might, believing that it would eventually pay off.
I realize that my rigorous yet valuable experience in academia, my experience as a searcher in the intellectual property industry, and my experience as a patent attorney have connected like dots (by Steve Jobs), and that is why I am who I am today.

The fact that the dots connected was by no means due to my own strength alone.
I am who I am today thanks to my mentors, the clients I work with in my daily business, the JPO examiners who guided me during my time as a searcher, the patent attorneys and lawyers who help me on a daily basis, those involved in patent research who exchange opinions and interact with me, the master who taught me the ropes of research and is like a god of research, the staff at my office, and everyone who supports me.

I do not think I have anything that is particularly superior to others.
However, I feel that I have prepared myself so that when an opportunity is in front of me, I can recognize it as an opportunity.

I will continue to cherish each and every encounter and tackle everything with all my might.
And I want to prepare so that I can seize the next opportunity when it arrives.

4. Important Things

“Technology,” that is what I believe is most necessary in intellectual property practice.

“Law” and “research” are of course important.
But they are only based on “technology.”

The purpose of the Patent Act is to contribute to the development of industry through the protection and utilization of “inventions.”
And “inventions,” being highly advanced creations of technical ideas utilizing the laws of nature, are rooted in “technology.”

The most excellent legal professionals in the intellectual property industry face "technology" head-on, strive to understand it accurately, and possess superior ability to discern the essence of that "technology."

Making new "technology" shine is the true thrill of a patent attorney's work.
Understanding "technology" accurately and elevating it into an "invention" so that it shines the brightest.
My heart races at that very moment.

I think it is wonderful to be able to witness each and every "technology" as it becomes an "invention."

When I attempt to understand "technology," the sense of satisfaction I feel after going through the process of thinking thoroughly with my brain in full gear and finally grasping even a little bit of that technology is irreplaceable.
I like the pleasant sense of fatigue that comes after using my brain to think.

5. Regarding the future

Understanding "technology" and making "inventions" shine through "law" and "research."

Right now, I enjoy performing tasks related to patent application and rights acquisition, research, litigation, and invalidation.
I hope to continue enjoying my work in this way forever, and I wish that many people can experience the same joy and pleasure, and that we can share in that excitement together.
I feel that I hope to have these same feelings when I look at this text ten years from now.

I believe that intellectual property work is not only fun but also a rewarding job that can contribute to the development of industry.
Accurately understanding the essence of "technology," and using my knowledge as a "legal" expert and my "research" skills as weapons to make "inventions" shine—that is my job.

I also consider it my role and my life's work to distribute the weapon of "research" to those working in the intellectual property industry.

My heart races when I think about the many technologies I will encounter from here on as a patent attorney.
I want to keep holding onto the feeling of excitement I had as a child when learning new things, without ever forgetting it.

With intellectual curiosity in my heart, I intend to continue my work as a patent attorney from here on as well.