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Why is the intellectual property business so hot, but there are so few patent lawyers?
In recent years, in the employment report of college students, law majors frequently show red cards, and law graduates are like a duck to water. With the increasingly severe employment situation, it has become a well-known fact that the lawyer industry in China is overcrowded. In contrast, the field of patent lawyers is particularly deserted. I often think of this. Who saw you alone, misty and lonely? Feeling, born set of Chen Boyu's "Youzhou Tiger" detailed patent lawyer this time? There are one or two reasons for the cold scene, and the complaining language inside is biased. I hope officials will laugh it off.

First,? Where were those lost times before me? ? China's patent industry started late.

China's patent industry started late, and the patent law was formally implemented on 1 April, 9851day. It has just come into being, more than 300 years behind the western patent powers, and has not yet formed a distinctive patent system and a mature patent theory research system.

There are two kinds of patent lawyers: legal person with technical complex and technical person with legal complex. The former may run into a wall frequently in the patent field due to the lack of background in science and engineering, or it may not be fully involved. However, the theory comes from practice and is not rooted in the soil of practice, so it is difficult to form a profound and mature theory; Patent lawyers are mostly young lawyers. Theoretical academic research not only requires patent lawyers to be familiar with relevant laws, but also needs profound legal knowledge. The theoretical research in the field of social science is precisely the shortcoming of patent lawyers who enter the law from technology. Without long-term research, it is difficult to reach a higher level of theoretical research and form a profound and unique opinion.

Second,? Behind me, where is the next generation? ? Lack of patent talents in colleges and universities

What is the discipline construction of intellectual property higher education in China? You haven't crossed the river by feeling the stones yet? The effect of personnel training is not significant. China's intellectual property higher education began in Renmin University. 198 1, Renmin university enrolled for the first time postgraduates majoring in intellectual property in civil law and international economic law. Now, after more than 30 years of development, many universities have also trained intellectual property professionals at all levels. However, at present, most of the intellectual property disciplines in colleges and universities are affiliated to law schools, and most of the full-time teaching staff are from law schools, lacking practical experience in the field of patents and even intellectual property rights. The curriculum and teaching content are mainly based on legal theory knowledge, which is rarely involved in the patent field. Students generally lack the knowledge of science and engineering and the cultivation of practical skills. Colleges and universities lack practical patent talents who pay equal attention to law and technology. Is there less running water at the source? There are naturally fewer patent lawyers in the field.

Third,? I think of heaven and earth, with no limit and no end? The threshold of patent litigation is high

The high threshold in the field of intellectual property is recognized by the industry, and the highest threshold is patent. In addition to high-level legal services, patent litigation involves many technical fields such as machinery, electronics, chemistry, etc., and the requirements for lawyers' professional skills and compound knowledge structure are also very high. Science and engineering background is synonymous with patent lawyers, which is exactly what most lawyers do not have.

In addition, patent litigation is more commercial than general civil litigation. Obtaining high compensation is only one of the common purposes of patent litigation. Because the litigants are mostly competitive, filing a patent lawsuit is also a means to compete for market share. At the same time, the advertising effect created by patent litigation is also a channel for enterprises to publicize and enhance their popularity. Therefore, patent lawyers should not only have a professional background in science and engineering and a solid legal knowledge base, but also be able to formulate corresponding patent litigation strategies from the perspective of enterprise managers, so as to safeguard the interests of customers more comprehensively. Therefore, a certain degree of knowledge reserve in business administration and economics is also essential.

The legal basis, professional technology and business thinking are all daunting, so we entered? Patents? There are not many legal practitioners in this door.

Fourth,? I was alone, and my tears fell? The income of patent lawyers is not high.

As a compound talent, patent lawyers know both law and technology, as the saying goes? Things are rare? It is also reasonable to be among the high-income groups. However, most patent lawyers are far away. High income? There is still a certain gap between these three words.

First, in the lawyer business, the foreign-related business with relatively high income is no exception for patent lawyers. However, foreign-related patent business not only requires patent lawyers to have extensive knowledge, background in science and engineering and related legal knowledge, but also requires excellent foreign language skills. At present, the level of foreign-related legal services of most patent lawyers is far from the social needs, and it is difficult for patent lawyers to compete in the foreign-related market.

Furthermore, the quality of the patents involved also affects the income of patent lawyers? The culprit? . Patent quality is determined by two factors: the degree of patent technology innovation and the quality of patent documents. On the one hand, in the present? Quantity over quality? Under the guidance of the new policy, although China's patent industry started late and the country's technological innovation ability, innovation culture and innovation atmosphere need to be strengthened, the number of patent applications and authorizations is huge. In recent years, the number of effective invention patents has ranked first in the world for many times, far exceeding the innovation scale of existing industries in China, resulting in few original core patents, and the value of most patents is even lower than their application fees and maintenance fees, resulting in a serious imbalance in quantity and quality. Patent freak? . On the other hand, some patentees with innovative technologies have a low awareness of intellectual property protection, and in order to save costs, they write their own patent documents instead of choosing a professional agency. Although they can be authorized because of outstanding technological innovation, the quality of patent documents is generally low and the stability is not optimistic, and the patent value is greatly reduced. Picked up sesame seeds and lost watermelon? . The quality of patent directly affects the number of objects in patent litigation. At present, most patent cases are small-scale cases (1-200,000), and accordingly, the amount of compensation is also low, and the lawyer's agency fee is also low (1-30,000).

The number of patent cases itself is limited. Monk? Not much? Porridge? There are few cases, but the cases have the characteristics of high complexity, high requirements for lawyers' professional and technical level and litigation level, and long cycle. Compared with other fields, patent lawyers can be said to be? Selling cabbage with the heart of selling white powder to make money? . The low reward damages the patentee's litigation enthusiasm, and the low input-output ratio will also shake the confidence of patent lawyers in adhering to the professional direction. Talking too much is all tears? Many young lawyers who have a complex in the field of patent litigation are finally forced to change careers or shift their focus to more? Money way? In the field, then in the industry? Pure patent lawyer? Very rare.

Writing here, I have said a lot about the past and present, and there are also many bitter things. I didn't know there were readers with patent lawyer complex and geometry, even if it was necessary. Scared off? A batch. But, I always thought I could? Scared off? Yes, most of them are not suitable? Come in? Then it is a good thing to go to another field as soon as possible and open up your own world. Undeniably, in the traditional intellectual property field and low-end market, the golden age of patent lawyers may have drifted away, but in the high-end market, the services provided by patent lawyers are not enough to meet the needs of customers, and there are many opportunities and challenges in the industry. Those who can stay must also believe that with the continuous development of science and technology, intellectual property protection has been paid more and more attention and attention, and patent lawyers are a sunrise industry worthy of full dedication.

The present situation may be bumpy, but the future is infinite.

Intellectual property patent